Denver, CO – First Descents, Inc., a Colorado-based young adult cancer nonprofit, commenced trademark infringement litigation on Monday in the U.S. District Court, District of Colorado against Eddie Bauer Licensing Services LLC and Eddie Bauer LLC.

First Descents was founded in 2001 as an adventure therapy whitewater kayaking camp for young adults fighting and surviving cancer. Since that time, the organization’s camps have grown to include rock climbing, mountaineering and surfing.

In its complaint, First Descents alleges significant consumer confusion in the outdoor community resulting from Eddie Bauer’s 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 negotiate an agreement between Eddie Bauer and First Descents failed, First Descents brought its lawsuit to protect its trademark rights, the programs that it offers under the First Descents mark and its associated branded camp and team apparel.

“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 the organization’s COO, Kelly Malin.

“My goal has always been and will continue to be to protect the First Descents experience for our participants,” says First Descents Founder Brad Ludden. “The mission of First Descents is crucial to young adult cancer fighters and survivors. While litigation was not my preferred path, it’s imperative that the experience we’ve 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 Bauer’s sponsored teams and retail clothing lines.”

Officials at Eddie Bauer responded to the litigation with a prepared statement.

“We were surprised and disappointed by the suit and press releases from First Descents Inc.,” the statement reads. “We fully support First Descents as a non-profit organization and we want them to be successful in their mission.

“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, we applied for registration from the U.S. Patent and Trademark Office for the apparel category in 2008 and the registration was granted in 2011.

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