Backcountry.com not playing nice

That's really douchey corporate behavior. Anyone in business knows you can't realistically trademark a dictionary word. That's why there's Apple Computers. Apple Records (the Beatles record company that came first) tried to sue Apple Computers out of existence but failed for that very reason. Computers are not infringing on records or weren't at that time. Backcountry has only been around since 1996. I'm going to venture there have been many outdoor shops and services that had the word "Backcountry" in usage long before they came along. Maybe they should change their name to "Summer's Eve?"

Response I received from customer service after sending them a short email stating my disapproval.

Hi Taylor,
Thank you for taking the time to share your views with us. Backcountry.com is currently engaged in a legal matter with Snapperhead Inventions LLC, the producer of the Marquette backcountry ski, related to the use of the our (Backcountry) name on their ski. We decline to comment on the matter until such time as it has been concluded, but we respect the rights of our customers and the public at large to discuss the matter and have their own views on it. While we would be really disappointed to lose any customers over the matter, we appreciate that people may feel strongly about it and choose to shop elsewhere.
All the best,
Paul

So they are suing a company for calling a ski a "backcountry" ski? IT'S A DESCRIPTOR OF THE SKI FOR FUCK SAKE!

https://www.snapperhead-inventions.com/ 

What's preventing a business with "Backcountry" in their name and who's been around longer from filing a countersuit claiming trademark infringement?

LccClimber wrote: What's preventing a business with "Backcountry" in their name and who's been around longer from filing a countersuit claiming trademark infringement?

Decency and common sense would prevent someone from unilaterally suing Backcountry. 

But, yeah, if Backcountry is dumb enough to sue someone who had prior usage that would be an obvious and immediate counterclaim. 

Taylor Krosbakken wrote: Response I received from customer service after sending them a short email stating my disapproval.

Hi Taylor,
Thank you for taking the time to share your views with us. Backcountry.com is currently engaged in a legal matter with Snapperhead Inventions LLC, the producer of the Marquette backcountry ski, related to the use of the our (Backcountry) name on their ski. We decline to comment on the matter until such time as it has been concluded, but we respect the rights of our customers and the public at large to discuss the matter and have their own views on it. While we would be really disappointed to lose any customers over the matter, we appreciate that people may feel strongly about it and choose to shop elsewhere.
All the best,
Paul

So they are suing a company for calling a ski a "backcountry" ski? IT'S A DESCRIPTOR OF THE SKI FOR FUCK SAKE!

https://www.snapperhead-inventions.com/

Sounds like they are okay with losing customers. 

They should sue the National Park Service for having the audacity to issue backcountry permits. How dare they! ....

Señor Arroz wrote: That's really douchey corporate behavior. Anyone in business knows you can't realistically trademark a dictionary word. That's why there's Apple Computers. Apple Records (the Beatles record company that came first) tried to sue Apple Computers out of existence but failed for that very reason. Computers are not infringing on records or weren't at that time. Backcountry has only been around since 1996. I'm going to venture there have been many outdoor shops and services that had the word "Backcountry" in usage long before they came along. Maybe they should change their name to "Summer's Eve?"

When Vail bought Park City Mountain Resort, they attempted to trademark "Park City" - yes, the name of the town and a name used in dozens of businesses.

correct me if I'm wrong but I thought the thing with trademark is you have to defend it or you lose it.

But the original fuckup was Backcountry applying and being granted the Backcountry trademark.

What about anybody using the words "Mountain" or "Rocky" is that still OK?  I can understand protecting your brand, but this is a bridge too far.  

It's like Coke suing someone for using the word "Cola" on a cola drink...

LccClimber wrote: What's preventing a business with "Backcountry" in their name and who's been around longer from filing a countersuit claiming trademark infringement?

Money for legal fees

Señor Arroz wrote:

Decency and common sense would prevent someone from unilaterally suing Backcountry.

But, yeah, if Backcountry is dumb enough to sue someone who had prior usage that would be an obvious and immediate counterclaim. 

So, to my layperson brain, all it would take would be ONE company that pre-dates BC..com to effectively shut them down / force a name change? I'm not usually a fan of crowd sourcing, but I would get behind one to fund a mom & pop's legal fight. 

LccClimber wrote:

So, to my layperson brain, all it would take would be ONE company that pre-dates BC..com to effectively shut them down / force a name change? I'm not usually a fan of crowd sourcing, but I would get behind one to fund a mom & pop's legal fight. 

Backcountry Magazine? Looks like they are 25 years old. and backcountry.com is only 23 years old.

I used to order from them quite a bit, I understand business is business but jesus they are suing for some pretty generic names. It's very obvious they are bullying other companies just because they can. I will definitely hesitate to order from them now.

Here is information on the owners further up the food chain https://www.crunchbase.com/organization/tsg-consumer-partners#section-overview
and their website showing what other brands they own. If you want to boycott, you may want to take a look at the list http://www.tsgconsumer.com/portfolio.

You have to click on each name to see details and dig a bit, since some of the companies have since been sold, gardein to Pinnacle Foods Inc., for instance.
Arrowhead Mills was recently sold by The Hain Celestial Group, Inc. (Nasdaq: HAIN) to Hometown Food Company, a wholly-owned portfolio company of Brynwood Partners VII L.P. and Brynwood Partners VIII L.P. It gets a little complicated, but you can figure it out.

This is bad karma for them continuing to use on trac despite a myriad of complains/lost packages.  Wahhh wahhhh wahhh 

Sent the following with no reply from BC:

For the past five years, I have been a loyal customer of Backcountry.com having spent several thousands of dollars with your company.  I intend no personal offense and appreciate how helpful your employees have been in the past but Backcountry.com has lost my business for good.  I’m sure this email won’t be passed any further up the chain but if it does, these kind of actions whole heartedly cheapen the experience that has brought us all to this industry.  It is one thing to have a concessionaire try to trademark a national park.  However, targeting organizations that attempt to get people outside or commercialize the term for OUR backcountry is very poor in taste.  I imagine you guys are monitoring the out lash on public forums from these lawsuits:   mountainproject.com/forum/t….  

This does not appear to be something that a discount sale or coupon code email will fix.  Hopefully there are abundant local stores for your employees to work at in the SLC area following what I presume to be a massive decline in sales and subsequent layoffs.

So, interestingly enough, the Trademark Trial and Appeal Board established this year (in a case attempting to trademark 'Rapunzel') that consumers have standing to challenge generic trademarks:

https://www.theiplawblog.com/2019/01/articles/trademark-law/consumers-have-standing-to-challenge-trademark-registrations/
“Consumers, like competitors, may have a real interest in keeping merely descriptive or generic words in the public domain, (1) to prevent the owner of a mark from inhibiting competition in the sale of particular goods; and (2) to maintain freedom of the public to use the language involved, thus avoiding the possibility of harassing infringement suits by the registrant against others who use the mark when advertising or describing their own products.”

'Backcountry' has been in use as a geographic descriptor for centuries and is included in the 1964 Wilderness Act.

I wonder what the process is to file a group petition (in the legal sense, not in the moral-high-ground-social-media-Like-and-Subscribe sense) to rescind the trademark...

Owen Christian wrote: The CEO’s email address is jnielsen@backcountry.com. I sent him a nice email. Anyone else wanna do the same?

Thanks Owen.  I just sent this to that address, though he probably doesn't field that mail at all.

i received the same copy and pasted reply from Paul when i emailed them.