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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)

John_in_Loveland 11-03-2019 08:42 AM

backcountry.com Sues Anyone Who Uses "Backcountry" in Name
 
I don't normally post political or philosophical comments on MB and avoid getting into spats with other. But this just pissed me off. Its just wrong!


Backcountry.com a year ago filed for trademarks protecting the word “backcountry” for all sorts of outdoor gear as the online retailer launched its first-ever branded jackets, skis and apparel. Now the e-commerce behemoth is suing small business owners who have trademarked the word “backcountry.”


https://coloradosun.com/2019/10/31/b...QVXdpYvZbZ7v_M

MNichols 11-03-2019 08:54 AM

Oh my, this is just wrong. And the saddest thing is the lawyers getting rich over litigation....



Why the courts even entertain this sort of nonsense is beyond me.

NoCo 11-03-2019 09:50 AM

Goats should sue them for using their likeness on their stickers.

NoCo 11-03-2019 09:51 AM

They just went the way of amazon for me. Another retailer i dont use.

Di 11-03-2019 12:04 PM

I can buy my gear from a hundred other places - will never buy from them again. Their Facebook page has hundreds of scathing comments - feel sorry for their employees, but they deserve to pay for this BS predatory behavior.

Andy H. 11-03-2019 01:43 PM

OK, this is total BS. I've been a customer and have bought a lot of gear from them over the years. I've just deleted the Steep and Cheap bookmark from my browser.

EDIT - just spoke with a rep at the company, and asked her to pass on my displeasure at this. She said she'll send an email address to send comments to management. In the meantime, their # is 800.409.4502

-AH

Will Amette 11-03-2019 02:07 PM

I reckon I won't be their customer anymore either. Oh well.


I also won't be using Geartrade either -- an affiliate company that they bought.



Steep and Cheap? Same thing.


Thanks for sharing this disappointing news.

Roddy 11-03-2019 02:21 PM

Big Business BS
 
I hate seeing this, to me this is similar to trademarking "Breckenridge" or "Park City" by a certain ski area operator. Big business doing big business kinds of things.

Utah78 11-03-2019 02:39 PM

Indeed, very disappointing. Instead of being a company that could use their potential to unite people around their love of the outdoors, they have chosen a corporate-driven "winner takes all no matter what the cost approach". All this at a time when there are lots of threats against outdoor access and other issues, they choose to go after other companies and cannibalize the other brands and any goodwill that could exist.

John_in_Loveland 11-03-2019 02:53 PM

I just joined the Facebook Group "Boycott Backcountry.com"

Sent from my SM-G970U using Mountain Buzz mobile app

griz 11-03-2019 02:55 PM

Theyíll have to do a BOGO sale on some Aire Lynx IIís this winter to see my cash again. ;)

A shame. Now they can sit right next to Ebay for companies that had a good thing once but lost their way in greed.

jamesthomas 11-03-2019 04:55 PM

Kind of like good ole America in general. Greed is one of the seven deadly's just so you know. My old man used to say " there is such a thing as a moral profit." He was a preacher by the way. What happens when you go beyond "moral profit"? Your soul is at risk, according to him. Hmmmmm?

Andy H. 11-03-2019 07:20 PM

The BC.com rep never emailed me the email address to send complaints to, however I saw the address she mentioned on the Facebook Group "Boycott Backcountry.com"

[email protected]

If you send a message, please be polite, professional, and brief but firmly express your opinion and state any action you plan to take. Remember that the person who reads the email will be some low-level customer service rep in their 20s, not the CEO or one of the vultures that's filing the lawsuits.
Here's the email I just sent:

Quote:

No more Backcountry.com gear for me

To Backcountry.com Management,

I have recently learned that your company is filing lawsuits against any small business that uses the name “Backcountry” in its name. You are likely aware that the term “backcountry” has been around since long before your company was started, and you are trademarking a common phrase used by outdoor enthusiasts. I have enjoyed the services of SteepandCheap.com over the years, and have been greatly impressed by the knowledge and courtesy of your customer service reps, however I will not purchase another item from your company until the lawsuits stop. Your behavior is so offensive that I am going out of my way to spread the word among my friends and discourage them from purchasing your products.

Thank you for your past performance, I am greatly disappointed in your current actions.

yesimapirate 11-03-2019 08:44 PM

Man, I've spent thousands of dollars with them. I have hundreds of SAC, tramdock, whiskeymilitia, and goat stickers. I was kinda proud of having them. Not so proud anymore. I'm not going to say I'll NEVER buy from them or their subsidiaries, but I will most definitely put them at the bottom of the list. I will pass on the $150 coat for my wife that's been sitting in my "cart" for the last week.

Electric-Mayhem 11-03-2019 09:59 PM

This is one of the insidious aspects of the trademark system.

Basically, if you have a trademark on something...in this case the word Backcountry... you are legally obligated to defend and pursue infractions against that trademark or you risk losing it.

That said...there are good ways and bad ways to go about it...and it appears that they are doing it the bad way.

I agree that, until they stop this behavior, publicly apologize, and go out of their way to make amends with the companies they have sued... I can't say I'll be doing business with them either.

k2andcannoli 11-04-2019 04:41 AM

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.

Electric-Mayhem 11-04-2019 01:05 PM

Quote:

Originally Posted by k2andcannoli (Post 752715)
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.

k2andcannoli 11-04-2019 02:35 PM

" Back Country" there I fixed it for the little guys.

Electric-Mayhem 11-04-2019 04:42 PM

Quote:

Originally Posted by k2andcannoli (Post 752751)
" Back Country" there I fixed it for the little guys.

haha... the article talks about one of the companies that got sued changing their name to Backcou eBikes...so you aren't far off.

For some reason I don't think adding a space alone will be enough for the lawyers.

Maybe just remove the "O" so its deeply offensive to some people.

codycleve 11-04-2019 05:46 PM

I wonder what will happen when they go after someone with actual funding. Backcountry hunters and anglers comes to mind. This is an organization that every member most likely has done business with backcountry.com.

I have done a lot of business with backcountry.com but that will be changing.

codycleve 11-04-2019 05:55 PM

Just looked at the list of lawsuits.. looks like they are also suing pretty much anyone with a goat emblem. One agains barstool sports owned 5th year, pecos outdoors.
also has a lawsuit against costa del mar for their built for the backcountry emblem. also goat tape..

Costa and barstool have to have some coin to go to bat.

k2andcannoli 11-04-2019 06:12 PM

Mayhem for the win!!!

theusualsuspect 11-05-2019 01:54 AM

Quote:

Originally Posted by codycleve (Post 752769)
Just looked at the list of lawsuits.. looks like they are also suing pretty much anyone with a goat emblem. One agains barstool sports owned 5th year, pecos outdoors.
also has a lawsuit against costa del mar for their built for the backcountry emblem. also goat tape..

Costa and barstool have to have some coin to go to bat.

Essilor parent company of Costa. Revenue of 4.39B

sarahkonamojo 11-05-2019 05:58 PM

I made a comment to my "gear advisor" or whatever and requested that I be removed from their mailing list. Maybe someone is paying attention. Response below:


"Thank you for taking the time to share your thoughts on this matter with us. Your voice is important to us and we will certainly share your feedback with our Leadership team. While we would be really disappointed to lose your business, we understand and appreciate your perspective. Please know that we will continue to be here for you, ready to support your outdoor pursuits should you ever need us.

This has been a very complicated matter, and I hope that strength in numbers can help it reach a much needed conclusion."

co_bjread 11-05-2019 06:49 PM

I sent an email to the customer service email address today, and got pretty much the exact same form letter. It ended by talking about snow, and having a good winter. Makes me wonder how much flack they are getting for it, and if it makes a difference. I also found it interesting today to see the Backcountry.com wiki page. At the bottom, it mentions the backlash on social media.

MNichols 11-06-2019 07:06 AM

Along the same WTF lines...
Startup insurance provider Lemonade is trying to make the best of a sour situation after T-Mobile parent Deutsche Telekom claimed it owns the exclusive rights to the color magenta. New York-based Lemonade is a 3-year-old company that lives completely online and mostly focuses on homeowners and renter's insurance. The company uses a similar color to magenta -- it says it's "pink" -- in its marketing materials and its website. But Lemonade was told by German courts that it must cease using its color after launching its services in that country, which is also home to T-Mobile owner Deutsche Telekom. Although the ruling only applies in Germany, Lemonade says it fears the decision will set a precedent and expand to other jurisdictions such as the U.S. or Europe.

"If some brainiac at Deutsche Telekom had invented the color, their possessiveness would make sense," Daniel Schreiber, CEO and co-founder of Lemonade, said in a statement. "Absent that, the company's actions just smack of corporate bully tactics, where legions of lawyers attempt to hog natural resources -- in this case a primary color -- that rightfully belong to everyone." A spokesman for Deutsche Telekom confirmed that it "asked the insurance company Lemonade to stop using the color magenta in the German market," while adding that the "T" in "Deutsche Telekom" is registered to the brand. "Deutsche Telekom respects everyone's trademark rights but expects others to do the same," the spokesman said in an emailed statement to Ad Age.
The report says Lemonade has complied with the ruling by removing its pink color from marketing materials in Germany. It's also trying to open up a larger discussion on the legal matter by using the hashtag "#FreeThePink," although it's gained little traction thus far.

Lemonade also filed a motion today with the European Union Intellectual Property Office, or EUIPO, to invalidate Deutsche Telekom's magenta trademark, and they released a color chart with which it asserts are the hues at issue.

Andy H. 11-06-2019 08:48 AM

Dear Gawd....

I can't help but wonder if somewhere there's a guy trying to figure out how he can get a patent on oxygen and then charge everyone to breathe.

elkhaven 11-06-2019 09:19 AM

Quote:

Originally Posted by Andy H. (Post 752845)
Dear Gawd....

I can't help but wonder if somewhere there's a guy trying to figure out how he can get a patent on oxygen and then charge everyone to breathe.

That would be photosynthetic organisms.... and they ARE revolting by burning themselves to ash all over the world rather than give us evil humans any more O2..... No more humans, no need for litigation and the side benefits are astronomical!

RogueGuide 11-06-2019 10:03 AM

Quote:

Originally Posted by Andy H. (Post 752845)
Dear Gawd....

I can't help but wonder if somewhere there's a guy trying to figure out how he can get a patent on oxygen and then charge everyone to breathe.

It's not like Nestle, Pepsi, and Coke did that with water........ right?........ oh wait...

chiefstilh20 11-06-2019 10:18 AM

Quote:

Originally Posted by Andy H. (Post 752845)
Dear Gawd....

I can't help but wonder if somewhere there's a guy trying to figure out how he can get a patent on oxygen and then charge everyone to breathe.

Damn............you beat me "to the punch"! I was thinking AIR.

Perninent to the rafting community - then AIRE would be in jeopardy

Andy H. 11-06-2019 07:44 PM

Apparently they released a statement today. Someone posted this annotated version to the Boycott Backcountrydotcom FB group so we can read between the lines (click to embiggen):

https://scontent-den4-1.xx.fbcdn.net...19&oe=5E6176A7

Among the comments was this nugget:

Quote:

I work with crisis management and brand protection. They have bad advisors. They did a mistake, we all do, but when we learn that it was wrong we have to take full responsibility and do everything possible to minimize damage for 3rd parties first.
The letter shows that he have listened, but that they really don't understand what they did wrong. And that they focus on the damage they have created on themself instead of the damage they have created on others.

Conundrum 11-06-2019 09:55 PM

1 Attachment(s)
Quote:

Originally Posted by Andy H. (Post 752845)
Dear Gawd....

I can't help but wonder if somewhere there's a guy trying to figure out how he can get a patent on oxygen and then charge everyone to breathe.

Itís not too far off in the future.

co_bjread 11-07-2019 12:14 AM

Well, they are feeling the pressure, and have started to respond to the issue.

https://www.snewsnet.com/gear/backco...ademark-blowup

I'm not in marketing, but I would be interested to see what their sales charts are doing.

It mentions loss of 11,000 customers, which also makes me wonder how large their customer base is.

k2andcannoli 11-07-2019 05:56 AM

#FreeThePink hopefully this catches on with the ladies. Social media may once again become enjoyable.

dirtbagkayaker 11-07-2019 10:19 AM

I hate this thread.... It made be google "backcountry" and now everything time I log on FB all I see is "backcounrty" ads and all my friends that like and support "backcountry!"

All this creates an internal struggle. I think I'll just go stick my head in the sand.. Blue pills anyone???

Andy H. 11-07-2019 11:18 AM

Quote:

Originally Posted by dirtbagkayaker (Post 752973)
I hate this thread.... It made be google "backcountry" and now everything time I log on FB all I see is "backcounrty" ads and all my friends that like and support "backcountry!"

All this creates an internal struggle. I think I'll just go stick my head in the sand.. Blue pills anyone???

So here's what you can do:

First share the Boycott Backcountrydotcom FB group with any friends that are still listed as "liking" the retailer,

Then select "hide ad" up in the top right corner of the ads and suggested posts. Unfortunately on the "why?" there's not an option for "scumsucking assholes" but that's OK, you can pick something else...

Gimmie that red pill!

theusualsuspect 11-07-2019 03:53 PM

Quote:

Originally Posted by co_bjread (Post 752959)
Well, they are feeling the pressure, and have started to respond to the issue.

https://www.snewsnet.com/gear/backco...ademark-blowup

I'm not in marketing, but I would be interested to see what their sales charts are doing.

It mentions loss of 11,000 customers, which also makes me wonder how large their customer base is.

Thanks for the read, interesting. The link in the comment section shows all the litigation filed on behalf of corporate. Worth a perusal quickly just to see how many petitions they have filed.

USPTO TTABVUE. Trademark Trial and Appeal Board Inquiry System

Looks like they've been doing it for years, the world just picked up on it for whatever reason. I personally don't like any part of it and wrote an kindly worded email.

Dave Frank 11-07-2019 06:02 PM

I sent them this:

Your greed with this law suit has just cost you my business.

I’ve purchased at least a few things from you every year since about 2007.

I’m not sure you’d get my business back by dropping the suit, but its worth a shot.

Former customer, Dave

SAC, deleted

Gear trade, deleted.

Backcountry.com boycotted.

Sparks1000 11-07-2019 06:17 PM

I will be very curious what they do with Backcountry Access. They have been around decades longer than Backcountry.com and they are a significant supplier.

NoCo 11-07-2019 08:46 PM

Quote:

Originally Posted by Sparks1000 (Post 753009)
I will be very curious what they do with Backcountry Access. They have
been around decades longer than Backcountry.com and they are a significant supplier.

They are going to have to sue everyone cause its sure looking like its going to be there only source of income.


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