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-   -   backcountry.com Sues Anyone Who Uses "Backcountry" in Name (https://www.mountainbuzz.com/forums/f41/backcountry-com-sues-anyone-who-uses-backcountry-in-name-101685.html)

cdcfly 11-15-2019 04:18 PM

A quick search reveals Wal-Mart owns them. Damn, I gotta start researching this kind of thing. It explains why I saw a steal of a deal on Cataract blades last summer on WalMart.com. I couldn't understand how Wal-Mart could carry those blades and fulfill the order.

Andy H. 12-02-2019 03:57 PM

Washington Post Article
 
Hey Folks, it'd be a bummer if some of us spaced out and logged onto BCDC to do Christmas shopping when this company so greatly deserves to be boycotted through retail's biggest season.

Also, the co-founder and reporter at the Colorado Sun got the article into the WAPO so here's the read:

As Backcountry.com discovered, outdoor-recreation fans are joining together

Shop locally,

-AH

Electric-Mayhem 12-02-2019 05:21 PM

I'd be interested to find out the real world impact this has had for them. I hope it is profound and that others in the outdoor industry have taken note.

I can't help but think that it might just be a momentary setback or that it only made a modest difference to their sales. I always think these are a much bigger deal then they turn out to be and that the average user ether doesn't care or never knew about it in the first place.

Andy H. 12-02-2019 07:52 PM

Yeah, Josh, it's hard to gage what's going on outside the world of MB and a Facebook group. Right now all we really know are:
  • BCDC's fired their outside attorneys, as if the law firm was going rogue and doing this stuff without knowledge and approval of the highest levels of management (which is absurd),
  • Lots of folks have made their disapproval very evident and there's a Boycott BCDC FB group that's 22,500+ strong,
  • Now that they've been caught and there's a backlash, BCDC has issued a public apology for the stuff they've been doing for the last two years (see post #31 above),
  • BCDC filed suit or sent cease and desist orders to over 50 entities that had "Backcountry" in their names, some went out of business because of it, gag rules were standard in these so no one can talk about what was done to them without serious repercussions.
  • BCDC has also made some partnership agreements with several of the small businesses they bullied and that were mentioned in the original article.

I'm sure knowledge of this has made it to other outdoor recreation groups but don't know the extent of what's going on outside MB and the FB group.

It's likely that BCDC, with their PR firm, is hoping they can just wait this out, saying they hear the uproar, and that they'll change. The kind of corporate narcissists that run the company, and the equity firm that owns BCDC, only change when they're forced to by very painful experiences, and even then the change is only what's needed to appease enough customers they can continue making a profit. BCDC is counting on their former customers to forget about it and start buying again in a month or two, if not in time for Christmas.

-AH

SherpaDave 12-03-2019 12:53 PM

Keep in mind this applies to their outlet site “SteepandCheap.com”.
Maybe next they’ll go after any company with “Cheap” in the name [emoji849]

Down River Equipment 12-03-2019 01:54 PM

Quote:

Originally Posted by Andy H. (Post 754269)
Hey Folks, it'd be a bummer if some of us spaced out and logged onto BCDC to do Christmas shopping when this company so greatly deserves to be boycotted through retail's biggest season.

Also, the co-founder and reporter at the Colorado Sun got the article into the WAPO so here's the read:

As Backcountry.com discovered, outdoor-recreation fans are joining together

Shop locally,

-AH

After all this, I guess we won't be trade marking "Down River" anytime soon.

Sparks1000 12-03-2019 03:03 PM

Just go for “river.” Think of all the money you would get from all the hard working small businesses! Gold mine!

studytime 12-03-2019 04:31 PM

Does anybody remember when Specialized bicycles did the same thing?
 
Does anybody remember when Specialized bicycles did the same thing?

https://www.velonews.com/2013/12/bik...e-brand_310878


I am surprised Backcountry didn't remember this. It was a disaster and it was only one little Canadian shop.

Andy H. 12-03-2019 08:33 PM

Quote:

Originally Posted by studytime (Post 754333)
Does anybody remember when Specialized bicycles did the same thing?

https://www.velonews.com/2013/12/bik...e-brand_310878

Thanks for the article. One question: If, as the article states:

Quote:

Specialized holds trademarks for Epic and Stumpjumper and all the rest;
How come they haven't sued Vail Resorts over the Epic Pass and Epic everything under the sun?

Somehow I've got a feeling it's because VRI could fight back.

Sorry, I'm a little grumpy and cynical tonight...

Screw BDCD!

BrianK 12-18-2019 09:08 AM

If you want trademark protection this is unfortunately what you need to do or you'll lose any protection afforded by the trademark. They spent money to get the trademark - it makes sense they would try to maintain it.

Ultimately what they did is 100% advice from their lawyer. The advice is also completely valid from a legal perspective - it just doesn't take into account the PR backlash.

It's honestly a really hard line to straddle, and there are legitimate reasons why a business would want trademark protection.

Obviously in this case it was a bad business decision, but I think it's a step short of evil. That's just my opinion.

Quote:

How come they haven't sued Vail Resorts over the Epic Pass and Epic everything under the sun?
Trademark protection relates to consumer confusion - would a consumer of your products be confused as to the source of a different product. For that reason it only applies to the goods/services you offer - e.g. bikes and bike components for Specialized. Specialized wouldn't have any protection for ski passes. FWIW - I gave it a quick search - Vail has a registered trademark for Epic Pass. (There's a lot of bad information out there on trademarks - just want to keep you guys informed).


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