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Boynton Beach Company Fights over "Aspen"
Tuesday, February 19, 2013    
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It's a battle against J.C. Penney about the trademarking of the name for a product.

Photo: Thinkstock

There is a court fight over trademarking the word ``Aspen,'' but it doesn't involve the city of Aspen, rather it involves a locally owned company.

J.C. Penney Co. 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 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.