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-   "By the Fireside" (http://www.adkforum.com/forumdisplay.php?f=76)
-   -   Outdoors is my new trademark. Fight me. (http://www.adkforum.com/showthread.php?t=27405)

JohnnyVirgil 11-04-2019 09:03 PM

Outdoors is my new trademark. Fight me.
 
This is a bad, bad PR move.

https://gearjunkie.com/backcountry-boycott-lawsuits

Woodly 11-04-2019 09:11 PM

Boycott is in order.

JohnnyVirgil 11-04-2019 09:15 PM

More detail from the link:

https://coloradosun.com/2019/10/31/b...just-business/

Schultzz 11-04-2019 09:48 PM

Wow. Inanity at its zenith.

IndLk_Brett 11-04-2019 09:53 PM

This kind of reminds me of when Gene Simmons tried to claim the bullhorns gesture. And it seems to be going over just as well...

JohnnyVirgil 11-04-2019 10:21 PM

Quote:

Originally Posted by IndLk_Brett (Post 279037)
This kind of reminds me of when Gene Simmons tried to claim the bullhorns gesture. And it seems to be going over just as well...

The fact that the trademark office didn’t just laugh in their faces is the real tragedy. What the heck is going on over there?

Woodly 11-04-2019 11:26 PM

Quote:

Originally Posted by JohnnyVirgil (Post 279038)
The fact that the trademark office didn’t just laugh in their faces is the real tragedy. What the heck is going on over there?

Money [underhanded]

TrailBlaser 11-04-2019 11:29 PM

I just had them delete my account from their site. No surprise, the rep wouldn't comment on the matter. Besides the hammock-related cottage vendors, I am using Campsaver and whenever possible EMS. Unfortunately, the EMS store that was near me closed a couple of years ago. I have been a member of REI for more than 20 years, but only buy there when they have a sale or I need something right away.

JohnnyVirgil 11-05-2019 07:40 AM

Quote:

Originally Posted by TrailBlaser (Post 279040)
I just had them delete my account from their site. No surprise, the rep wouldn't comment on the matter.

I've purchased quite a bit of stuff there over the years. I just unsubbed from their marketing mail and under the reason I told them because they were being asshats. Lately I've been using REI. I'm looking forward to their new store in the old Colonie Center. I hope they can make a go of it.

Justin 11-05-2019 07:54 AM

I saw that on the “Adirondack Backcountry Hikers” facebook page, what a joke!

hike53 11-05-2019 10:03 AM

Really!!
 
Who Cares??

JohnnyVirgil 11-05-2019 10:12 AM

Quote:

Originally Posted by hike53 (Post 279047)
Who Cares??

I thought it might be of interest to people who may shop there and choose not to do so based on their behavior. If you're not interested, then move along. It's in the general discussion by mistake, so I apologize. Maybe Neil can move it to By the Fireside, which is where I meant to post it but did not.

Terasec 11-05-2019 10:24 AM

they have every right to
other brands do the same,
if they have a trademark on backcountry labeled products then they are in the right
I have no problem with it

Terasec 11-05-2019 10:27 AM

as for title of the thread
"outdoor products" is already a TM name
a large well known brand name
I have several of their bags

JohnnyVirgil 11-05-2019 04:52 PM

Quote:

Originally Posted by Terasec (Post 279050)
as for title of the thread
"outdoor products" is already a TM name
a large well known brand name
I have several of their bags

I guess the difference is whether or not they seek out everyone who mentions that they sell outdoor products and takes them to court.

Woodly 11-05-2019 05:44 PM

The big guy with money usually wins over the small guy with less. But not all corporations are so greedy...a local old diner has the same name as a national chain place that moved in 2 years ago a few miles away and no lawsuit has taken place.
Harley sued Harley Rendevous and lost.
El Chalos sues all.
Having the legal right isn't always the best behavior. Even Corporations have moral responsibilities.

Justin 11-05-2019 09:33 PM

Quote:

Originally Posted by hike53 (Post 279047)
Who Cares??

Obviously some of us do, and I’m sure it’s fine if you don’t.

JohnnyVirgil 11-05-2019 09:36 PM

Quote:

Originally Posted by Justin (Post 279061)
Obviously some of us do, and I’m sure it’s fine if you don’t.

It's my fault for putting in the wrong forum. But I do kinda like that this old place allows for more "drift" and normal conversation than Facebook groups, which can be pretty draconian.

hike53 11-08-2019 09:17 AM

tore







‘We Made a Mistake’: Backcountry Responds to Public Debacle
November 6, 2019 | By Adam Ruggiero
1053 Shares
Following days of vehement backlash from angry consumers, Backcountry today released a statement about its ‘backcountry’ trademark lawsuits against small brands.
Nearly one week after reports revealed Backcountry.com had filed numerous lawsuits against other brands for using the word “backcountry” in their name, the Utah-based online retail giant finally broke its silence.
“We have heard your feedback and concerns, and understand we fumbled in how we pursued trademark claims recently. We made a mistake,” CEO Jonathan Nielsen said in a statement posted to the brand’s website. “In an attempt to protect the brand we have been building for nearly 25 years, we took certain actions that we now recognize were not consistent with our values, and we truly apologize.”
Nielsen went on to say that contrary to reports, the brand, in fact, was not “interested in owning the word ‘backcountry’ or completely preventing anyone else from using it.”
Nielsen also said Backcountry would drop its lawsuit against Marquette Backcountry Ski. Marquette and founder David Ollila were perhaps the most visible and outspoken opponents of Backcountry’s legal actions. Read the full statement below.

Backcountry Speaks Out: Letter From CEO
A Letter to Our Community
Dear Backcountry Community,
We have heard your feedback and concerns, and understand we fumbled in how we pursued trademark claims recently. We made a mistake.
In an attempt to protect the brand we have been building for nearly 25 years, we took certain actions that we now recognize were not consistent with our values, and we truly apologize.
It’s important to note that we tried to resolve these trademark situations amicably and respectfully, and we only took legal action as a last resort. That said, we know we mishandled this, and we are withdrawing the Marquette Backcountry action. We will also reexamine our broader approach to trademarks to ensure we are treating others in a way that is consistent with the culture and values envisioned by our founders and embraced by our community.
We only want what’s best for the whole community and we want every person and business in it to thrive. Backcountry has never been interested in owning the word “backcountry” or completely preventing anyone else from using it. But we clearly misjudged the impact of our actions.
We understand that this step we’ve taken may not be enough for some of you. The hope is that we can ultimately win back your trust, even if it takes time. We are grateful to be a part of your lives, providing you with great gear for your outdoor adventures, and all we want is to go back to doing what we do best. We intend to learn from this and become a better company.
Sincerely,
Jonathan Nielsen, CEO Backcountry

Woodly 11-08-2019 09:55 AM

Awesome. Speaking out matters! Protecting the little guy does also.

JohnnyVirgil 11-08-2019 10:39 AM

Pretty sure “resolve amicably” means “sent a cease and desist letter.” Ha

Muddy Creek 11-08-2019 11:38 AM

Same thing happened to Hanes, the underwear company when it sued Hanes Hummus, a small shop in Canada, for trademark infringement citing "confusion in the marketplace." Perhaps only a trademark lawyer or a greedy CEO can't tell the difference between underwear and a tasty bowl of hummus. It backed down after public reaction and ridicule.

Woodly 11-08-2019 03:48 PM

I noticed today that 'Backcountry' is advertising widely on the internet today.

debmonster 11-08-2019 05:51 PM

Apparently, Backcountry has had a change of heart (or perhaps they realized the long-term effect on their reputation and bottom line) and has fired their law firm and dropped the lawsuits. Too little, too late for many of the small businesses who either shut down or had to re-brand: https://gearjunkie.com/backcountry-f...-relationships

JohnnyVirgil 11-08-2019 06:01 PM

Quote:

Originally Posted by debmonster (Post 279138)
Apparently, Backcountry has had a change of heart (or perhaps they realized the long-term effect on their reputation and bottom line) and has fired their law firm and dropped the lawsuits. Too little, too late for many of the small businesses who either shut down or had to re-brand: https://gearjunkie.com/backcountry-f...-relationships

Fired their law firm? Don’t law firms just do what you tell them? It’s not like they were sending letters and filing suits nobody knew about. 19,000 people on a boycott Facebook page seems to have gotten their attention.

debmonster 11-08-2019 06:07 PM

Quote:

Originally Posted by JohnnyVirgil (Post 279141)
19,000 people on a boycott Facebook page seems to have gotten their attention.

Agreed. My reference to a "change of heart" was meant with sarcasm, but I forgot the /s/. Power to the people! :)

Woodly 11-08-2019 06:38 PM

Quote:

Originally Posted by JohnnyVirgil (Post 279141)
Fired their law firm? Don’t law firms just do what you tell them? It’s not like they were sending letters and filing suits nobody knew about. 19,000 people on a boycott Facebook page seems to have gotten their attention.

That's just a method of saving some face and showing the populace they 1. did screw up and 2. are serious in their apoligee.

Lets see if the law firm sues them:)

JohnnyVirgil 11-08-2019 06:57 PM

Apparently they went after a guy who had a picture of a mountains goat in his logo. Here’s an example from the Facebook page:

I just can't hold back anymore. I am the owner of a consignment/secondhand outdoor gear shop in Boise, ID. The name of my shop was Backcountry Pursuit for the first five years I was in business. That was until Backcountrydotcom's lawyers got a hold of me and forced a rebrand. My shop is now called Boise Gear Collective. They came after a used gear shop employing 14 people at the time in Boise, ID that had zero online presence besides and informational website and the occasional Craigslist post. I am happy to say I am thriving now and have grown to 23 employees in the past year despite this entire mess and the tens of thousands of dollars it cost me. I feel rather vindicated that this is all happening and I so appreciate the community standing behind small businesses like mine. It still doesn't replace the money I lost fighting this battle, but hopefully the local community will spend a little more at my shop this winter stock up and holiday season.

Woodly 11-08-2019 10:28 PM

Quote:

Originally Posted by JohnnyVirgil (Post 279146)
Apparently they went after a guy who had a picture of a mountains goat in his logo. Here’s an example from the Facebook page:

I just can't hold back anymore. I am the owner of a consignment/secondhand outdoor gear shop in Boise, ID. The name of my shop was Backcountry Pursuit for the first five years I was in business. That was until Backcountrydotcom's lawyers got a hold of me and forced a rebrand. My shop is now called Boise Gear Collective. They came after a used gear shop employing 14 people at the time in Boise, ID that had zero online presence besides and informational website and the occasional Craigslist post. I am happy to say I am thriving now and have grown to 23 employees in the past year despite this entire mess and the tens of thousands of dollars it cost me. I feel rather vindicated that this is all happening and I so appreciate the community standing behind small businesses like mine. It still doesn't replace the money I lost fighting this battle, but hopefully the local community will spend a little more at my shop this winter stock up and holiday season.

And that is why we need to care.
I for one am glad this thread was begun.


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