Backcountry.com not playing nice

Disappointed to see Backcountry stoop so low. I would rather pay full price than shop there now. One more customer lost.

Looks like this is commonplace.  Patagonia Provisions, Inc., established around 2012 by Chouinard et al., has apparently filed a complaint against Patagonia Orchards, a 30-year-old Mom-and-Pop growing and distribution operation that was formed in a town called Patagonia, Arizona.

So this thread is a case of punishing the player because we hate the game.  But what other recourse do we have?

Dan 60D5H411 wrote:

Completely agree that companies need to defend trademarks where competitors are trying to use the likeness of the original company to gain an advantage.  This is not the case here.   This is a tactic to sue companies with insufficient funds in order to set precedent despite a lack of competition 

That is how the IP game is played, pick the low hanging fruit first so to set a precedent. That tactic is well known and well used throughout the world not just for IP. That said, the issue is not often because a company is trying to gain advantage but the possibility of confusion. The mere fact that a reasonable person who participates in outdoor activities might think a Backcountry Bagwan might be associated with backcountry.com is enough to get a trademark invalidated. 

Dan 60D5H411 wrote:
who here thinks the women's avalanche class represents a direct threat that misappropriates the backcountry trademark?

It not necessarily a treat but as noted above confusion. And therein lays the problem.

JaredG wrote:
Looks like this is commonplace.  Patagonia Provisions, Inc., established around 2012 by Chouinard et al., has apparently filed a complaint against Patagonia Orchards, a 30-year-old Mom-and-Pop growing and distribution operation that was formed in a town called Patagonia, Arizona.

There was a similar case involving the USA Olympics and those around the Olympic peninsula in Washington. In this case Federal Law was passed that allowed businesses near to the Olympic Peninsula using “Olympic” before September 21, 1950 to have grandfathered use of the word. (Cf. Ted Stevens Olympic and Amateur Sports Act, 36 U.S.C. § 220506(d) (2006))

JaredG wrote:
So this thread is a case of punishing the player because we hate the game.  But what other recourse do we have?

Change the laws.

Good work, got a 20% off coupon emailed to me this morning, check your inbox!

Follow the wives, follow the $,  our Federal govt including judicial and intelligence divisions are infected with folks intermarried with members of media and govt, the taupe dope administration was infused with this fact, perhaps the BC CEO has an attorney for a wifey, just specualtion but the precedent is established

This business started in a garage selling beacons and shovels in the early days of consumers using the internet.  They weren’t suing people then. 

This sucks that the venture capital firm have decided to put restrictions on a word that is a common part of the vocabulary.  I get more fired up when this kind of behavior leads to gouging price hikes on life saving medicines.

IME (International Mountain Equipment) in SLC is a good local brick and mortar “for climbers, by climbers” store that sells climbing gear. Their shop is the same size as it was 20 years ago. Hit them up if you want a good alternative.  You may have to pick up the phone and call though because the internet is not their specialty. 
Edited to get to the point. 

nissan.com

So are these folks going to sue “Backcountry Adventure” a well known West Hollywood meet up bar?
Just wondering?

If you're looking for an alternative check out Mountain Tools for climbing gear.  Call them and Larry (or his wife) answer the phone.  They own it and work there.  Nice.,.

Allen Sanderson wrote: Companies need to actively protect their intellectual property (IP). Failing to do so can be costly.

Here are the current PTO cases involving Backcountry.com: http://ttabvue.uspto.gov/ttabvue/v?pnam=Backcountry.com,%20LLC%20%20

Just a couple of pages. Now check out the five pages each for North Face and Patagonia

The North Face:  ttabvue.uspto.gov/ttabvue/v…

Patagonia: http://ttabvue.uspto.gov/ttabvue/v?pnam=PATAGONIA,%20INC.%20%20

And a few pages from our sponsor REI: http://ttabvue.uspto.gov/ttabvue/v?pnam=Recreational%20Equipment,%20Inc.%20%20 

Folks should learn about IP because the indignation being displayed will be of little consequence.

There's a significant difference to most of these case. First, both TNF and Patagonia are product manufacturers and designers, not just a store. Backcountry is just a retailer. They don't have a "look and feel" to rip off, which is the case with a company like Patagonia. I guarantee you that most if not all the folks on the receiving end of a lawsuit from Patagonia are deliberately trying to capitalize on consumer confusion that the product is THE Patagonia company or who are infringing on trademark but spoofing it like "Gangagonia" or "Patagucci."

TNF is a subsidiary of a much larger corporate parent and may, in fact, have terrible practices around IP. But it's also true that there are many more folks out there trying to rip off TNF's IP than simply having a name with "Backcountry" in it. 

Señor Arroz wrote:

There's a significant difference to most of these case. First, both TNF and Patagonia are product manufacturers and designers, not just a store. Backcountry is just a retailer. They don't have a "look and feel" to rip off, which is the case with a company like Patagonia. 

Well, not quite true-- Backcountry does have branded products (used to be called stoic, just called backcountry now i think). If you look at the USPTO website, you can see some of their lawsuits involved protecting the stoic brand. 

Allen Sanderson wrote: Companies need to actively protect their intellectual property (IP). Failing to do so can be costly.

Here are the current PTO cases involving Backcountry.com: http://ttabvue.uspto.gov/ttabvue/v?pnam=Backcountry.com,%20LLC%20%20

Just a couple of pages. Now check out the five pages each for North Face and Patagonia

The North Face:  ttabvue.uspto.gov/ttabvue/v…

Patagonia: http://ttabvue.uspto.gov/ttabvue/v?pnam=PATAGONIA,%20INC.%20%20

And a few pages from our sponsor REI: http://ttabvue.uspto.gov/ttabvue/v?pnam=Recreational%20Equipment,%20Inc.%20%20 

Folks should learn about IP because the indignation being displayed will be of little consequence.

Your post confuses me. You seem to be saying that this is just normal business, but the example of REI at least appears to show a completely different pattern of suits.

mpech wrote:

Well, not quite true-- Backcountry does have branded products (used to be called stoic, just called backcountry now i think). If you look at the USPTO website, you can see some of their lawsuits involved protecting the stoic brand. 

Yeah, sure, but nobody is ripping off Backcountry because of their terrific prestige making ski skins or custom-labeled Nalgene bottles (or going there to buy that stuff). I bet that branded stuff started in 2016 as part of the IP strategy of the new private equity owners. It does give them more claims of infringement. 

Mat Pineda wrote: Good work, got a 20% off coupon emailed to me this morning, check your inbox!

Congrats.  They give those at checkout to anyone who asks.

Bryce Adamson wrote:

Your post confuses me. You seem to be saying that this is just normal business, but the example of REI at least appears to show a completely different pattern of suits.

Exactly. All the examples cited seem to show ACTUAL infringement. Not just businesses also using a similar generic word in a generic way. 

Christian Hesch wrote: ... I'll certainly be happy to order more often from backcountrygear in the future.

Which has been my gear supplier of choice for a few years now. Good folks, great store presence.

Bump because what BC is doing is wrong 

Grandpa Dave wrote:

Which has been my gear supplier of choice for a few years now. Good folks, great store presence.

www.backcountrygear.com has been good in the past, they must have preceded bc.com or have better lawyers

bump to let people know there is a 20% off coupon at backcountry right now.... that was sufficient to pacify me. 

FYI if you want 20% off use 20SALE at Campsaver, working as of yesterday (got me some totems)