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Lac La Belle Lodge Owner Troy Westcott says he respects and appreciates everything Black Bear, Inc. has done for his business. The company operates Mount Bohemia Ski Resort, which has brought in thousands of visitors from across the country to brave its unique backwoods downhill experience. Westcott says he is not looking for a fight with his corporate neighbor, and he wants the rhetoric to be tamped down on both sides.
He does not want to see Mount Bohemia boycotted, or have the ski resort harmed in any way.
Westcott concedes that the ski hill has dramatically increased the profile of Mount Bohemia. Still, Westcott feels the legal fight he has chosen to engage in is a principle worth defending. Lac La Belle Lodge and the Bear Belly Pit Stop have sold shirts for several years with Mount Bohemia on the front. The hill’s name dates back to the 1800’s when it was purchased by the Bohemia Mining Company. No copper deposits were ever discovered, even though three shafts were dug out in search of the valuable ore. Westcott says apparel sales at the lodge featuring the name date to at least 1983, well before the ski hill existed and before the Westcotts were owners. The shirts do not use the logo of Mount Bohemia Ski Resort. [Note: Paragraph changed to reflect that the Westcotts have sold apparel for several years, but clothing sales featuring Mount Bohemia go back decades.]
Black Bear, Inc. trademarked the term Mount Bohemia last year and has sent out cease and desist letters to surrounding businesses to keep them from referencing even the geologic formation. Westcott says he believes that it is a bad faith gesture.
Black Bear, Inc. announced Monday a new plan saying it would like to work with retailers within 45 miles of the hill. As long as they sell officially licensed apparel from the ski resort, they will be able to have gear using “Mount Bohemia.” To sweeten the pot, it will work like a newsstand arrangement. Black Bear would assume all risk relating to the cost of the merchandise and be forced to take back anything that cannot be sold. They would benefit from expanding the number of outlets where their gear is available, and then they plan to take a percentage of the profit.
Westcott says that he does not intend to enter into the agreement, and will fight for his right to sell Mount Bohemia shirts out of the Lac La Belle Lodge.
