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 (http://tinyurl.com/bfnvqop ), some people believe the word is generic enough to the point where a company cannot own the trademark rights to it.
Information from: The Aspen Times, http://www.aspentimes.com/