Originally Posted by k2andcannoli
Don't hate the player, hate the game. I'm gonna file this in the "things that don't matter to me" folder. Trademarks aren't that hard to get...any of those other manufacturers could have filed for the TM but didn't.
Several of the companies that Backcountry.com is suing DO hold Trademarks for their brand name. Backcountry has applied and registered the trademark but have been repeatedly turned down for official status.
They are suing companies who have had a trademark or who have been in business since before BC.com was a thing. Essentially...they are taking the crappy morally questionable but legal route of attacking small businesses that hold a Trademark for their name but aren't as aggresive with defending it or businesses that use the term Backcountry...often times for longer then BC.com has been around. They are also convieniently leaving other larger corporations who have the financial and legal resources to fight back (Backcountry Access being a notable one....they make Avalanche gear and have a large parent company backing them similarly to BC.com).
The trademark system is REALLY shitty and for many small businesses is beyond the scope of what they are able to handle. If you apply and are awarded a trademark, you are basically required to have a legal team pursue action when other companies use the term. For most small businesses, that is just not feasible.
The argument most people are making is that the word "Backcountry" is so widely and generically used that no one should be able to hold a trademark on it. It's hardly the first time something like this has happened though... seems like every year or two we hear a similar story and it all comes down to some larger company sending lawyers after a tiny company and the tiny company not being able to afford to fight it and losing...making them have to remove the "trademark" word out of their business name.