First Descents, Inc., a Colorado-based young adult cancer nonprofit, commenced trademark infringement litigation in the US District Court, District of Colorado against Eddie Bauer Licensing Services LLC and Eddie Bauer LLC.


First Descents said there was significant consumer confusion in the outdoor community resulting from Eddie Bauers introduction of its First Ascent and First Descent retail outdoor clothing lines and its sponsored First Ascent outdoor teams that compete at the same outdoor events as First Descents fundraising teams. When efforts to eliminate confusion about a perceived affiliation between Eddie Bauer and First Descents failed, First Descents brought its lawsuit to protect its First Descents trademark rights, the programs that it offers under the First Descents mark and its associated branded camp and team apparel from continued confusion in the outdoor community.

Founded in 2001, First Descents is an adventure therapy whitewater kayaking camp for young adults fighting and surviving cancer. Since that time, First Descents camps have grown to include rock climbing, mountaineering and surfing. 


When Eddie Bauer launched its ‘First Ascent and  ‘First Descent product lines, and began marketing efforts at the same events where we had an established presence, our ability to distinguish our organization and its First Descents outdoor adventure therapy programs was lost, says COO Kelly Malin.


In a written response sent to Outdoor Business UPDATE, Eddie Bauer said its was “surprised and disappointed” by the suit and press releases from First Descents Inc.

“We fully support First Descents as a non-profit organization and we want them to be successful in their mission,” read the statement. “With regard to the First Ascent name, Eddie Bauer owns the trademark rights dating back to 1988, substantially pre-dating the existence of First Descents Inc.”

 

In regards to the First Descent name, Eddie Bauer applied for registration from the US Patent and Trademark Office for the apparel category in 2008 and the registration was granted in 2011.

 

“Nevertheless, we are interested in resolving this in a manner that is satisfactory for both parties,” the company said in its statement. 

 

First Descents Founder Brad Ludden said his goal “has always been and will continue to be to protect the First Descents experience for our participants.

 

“The mission of First Descents is crucial to young adult cancer fighters and survivors,” Ludden said. “While litigation was not my preferred path, its imperative that the experience weve provided for more than 1000 young adults with cancer over the last 11 years, and that we continue to provide, is in no way confused with Eddie Bauers sponsored teams and retail clothing lines.

 


First Descents is a non-profit organization offering young adults with cancer a free week-long outdoor adventure experience designed to enable them to climb, paddle and surf beyond their diagnosis, defy their cancer, reclaim their lives and connect with others doing the same. www.FirstDescents.org