DENVER (CBS4) – Aspen isn’t just a kind of tree or the name of a Colorado town, it’s also a trademarked word that’s in the middle of a legal fight.

JCPenney is asking a federal judge for permission to keep calling a style of boots “Aspen.”

The problem is a company in Florida called Aspen Licensing International owns the trademark for commercial uses of “Aspen.” It sent a cease-and-desist demand to JCPenney saying the boots infringed on that trademark.

The judge will decide if the word is generic enough for JCPenney to keep using.