Originally Posted by jeffro
BrianK - I'm aware that trademarks can be a defend it or lose it situation. Can they not be licensed? Then the owner is still protected and you don't have the bad press of suing people like backcountry babes. In cases where there is actual potential for product confusion then I'm all for defending best you can.
Yes, you could license it and protect your mark. Another solution is to enter a coexistence agreement where the other group recognizes your rights in your trademark and agrees to only use the trademark in certain circumstances that you both agree on - like offering avalanche classes. You could do either without fees or with a nominal fee. Some attorneys would argue that both of these options dilute the power of the trademark - but in this situation a coexistence agreement would have been a much better choice.
Electric-Mahem - they probably shouldn't have gotten the mark, but it's really easy to get a trademark at the USPTO. Part of the reason that they are being aggressive is likely because they realize their mark is unlikely to stand up to court scrutiny. If the can show concrete examples where they have enforced their trademark it would help in a future lawsuit against a bigger group like BCA.