The Aspen-Pitkin County Housing Authority board on Wednesday settled a trademark case with Trek Bicycle Corp., which had opposed the local agency’s attempt to register its client software system called HomeTrek. .
The company opposed the APCHA trademark registration in May, arguing that HomeTrek infringes on the intellectual property rights of the Trek company, according to Trek’s notice of objection filed with the US Patent and Trademark Office.
The settlement agreement is non-monetary and has a narrow focus on the use of the word “trek,” said APCHA deputy director Cindy Christensen.
“Trek Bicycles felt that people might be confused between HomeTrek for us and Trek Bicycles for them,” she told the board.
Deputy City Manager Diane Foster said it was common to enter into a settlement agreement on a particular category or use.
“This one basically says we’re not going to expand our use of the name, so we can’t use ‘Home Trekking’ or things like that,” she said. “And for anyone who hasn’t seen the letter to the editor saying ‘I was going to buy an ATV and by mistake I bought affordable housing’, you have to check it out.”
The company said in its opposition that it has invested significant time, effort and money in protecting and maintaining its TREK business name.
Trek also said that it is no longer exclusively in the bicycle business and has more than 40 brands bearing the name “Trek”. This includes “Pro Trek”, “Trek Care”, Trekker “,” Trekmates “and” Trek Winery “, for example. HomeTrek infringes on the intellectual property rights of the Trek Company, according to the notice.
HomeTrek launched in January and replaced a fully paper-based system that managed over 3,000 restricted units per deed with an online platform where people now do almost all of their APCHA business online.
This includes participating in an employee housing lottery, verifying a property tax bill, filing a complaint or re-qualifying a property, among others.
According to the regulations, Trek Bicycle Corp. will not dispute the APCHA or interfere with its name TREK and any of its brands that include TREK as a component.
Trek will withdraw its objection within 10 days and authorize the use of HomeTrek for “computer software platforms … for mobile applications to be used in property management and property management and related accounting functions … for a use in real estate management… for database management… for document management… for use in customer relationship management… none of the aforementioned products are intended for use with bicycle computers or in the cycling industry.
APCHA also cannot allow HomeTrek to use its name in connection with any bikes or cycling related goods or services, as well as not using the HomeTrek brand and design so that the TREK part is underlined. or larger than other parts of the mark due to font style, size or color; not to adopt, use or register any other mark containing “TREK, TREKS, TREKER, TREKKER or TREKKING as a single word mark, with or without a design element; not adopt any other design for the HomeTrek brand and design that uses a font that is confusing with the fonts used by Trek for the TREK brand; and not to adopt a domain name including TREK as an element other than the one containing HomeTrek ”, according to the regulation.