COLORADO
Court fight over Aspen trademark
ASPEN, Colo. (AP) — There is a court fight over trademarking the word “Aspen,” but it doesn’t involve the city of Aspen.
J.C. Penney Co. Inc. of Plano, Texas, has asked a federal court to rule on whether a style of weather-resistant boots that it recently started selling can continue to be called “Aspen.”
A Boynton Beach, Fla., company called Aspen Licensing International Inc. owns a trademark for various commercial uses of the word “aspen.” In November, the company sent a cease-and-desist demand to J.C. Penney, alleging that its advertising and sale of cold-weather boots referred to by the style name “Aspen” infringed on that trademark.
According to the Aspen Times, some people believe the word is generic enough to the point where a company cannot own the trademark rights to it.
INDIANA
Court rules woman can’t sue over foul ball injury
INDIANAPOLIS (AP) — The Indiana Court of Appeals has ruled that a woman injured by a foul ball at baseball game can’t sue over her injuries.
The court’s 3-0 Friday ruling says no trial is needed because foul balls’ dangers are well-known and baseball fans have an obligation to protect themselves.
The Times of Munster reports that Juanita DeJesus sued the Gary SouthShore RailCats, alleging that a foul ball that hit her face during a May 2009 game fractured several facial bones and caused blindness in her left eye.
DeJesus alleged the team had an obligation to protect stadium visitors from harm and failed to provide protective screening from first to third base.
But the court said DeJesus frequently attended RailCats games and knew foul balls regularly flew into the seats.
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