Triumph Development sends cease and desist letter to Vail Resorts over alleged use of its intellectual property

Letter alleges East Vail housing project is improperly using old designs

Triumph Development has sent a cease and desist demand letter to Vail Resorts over use of Triumph’s design for a housing project on this property in East Vail.
Chris Dillmann/Daily archive photo

A law firm representing Triumph Development has sent a letter alleging Vail Resorts is improperly using Triumph’s intellectual property in its application for a housing project in East Vail.

The letter, dated May 17, was sent by the law firm of Otten Johnson Robinson Neff and Ragonette to the real estate counsel of The Vail Corporation, the entity of record on the application.

The letter states that the current application for the East Vail property formerly known as Booth Heights is “copying Triumph’s plans and designs, and infringing on Triumph’s intellectual property.” Triumph was the original applicant on that project, but in 2020 canceled a purchase contract for the property.

Vail Resorts in April announced it would build the East Vail project. In a reversal of its years-long practice of using third parties to build projects, the company assumed the responsibility of developing the property, and has hired Oz Architecture for the design. The Vail Design Review Board on May 18 approved what were termed as “minor” changes to the design.

Triumph in 2021 signed a development agreement with the town of Vail to build workforce housing in the Middle Creek subdivision. That agreement resulted in the current Residences at Main Vail project. As part of that agreement, Triumph agreed not to sell or share plans for the Booth Heights project.

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The letter to The Vail Corporation states that the firm has submitted a “nearly identical” design for its East Vail project.

The letter alleges that The Vail Corporation “is well aware that Triumph owns the Intellectual Property. Indeed, (The Vail Corporation) repeatedly expressed interest in modifying the original contract with Triumph to provide for a transfer” of that intellectual property. “Triumph declined, and now (The Vail Corporation) is using it anyway.”

The letter includes a demand that The Vail Corporation stop using Triumph’s intellectual property “in any form or manner.”

Representatives of Vail Resorts, Triumph Development and Otten Johnson all declined comment on the letter.

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