Some consumers are expressing frustration with online outdoor retailer Backcountry.com on social media using
#boycottbackcountry on
Twitter and
Instagram because the e-commerce retailer has reportedly been taking legal action against small business owners who use the word “backcountry" as part of their name. The
Colorado Sun first reported the story late last week, listing several of the businesses that have been impacted.
The publication said that while women-focused avalanche education clinics Backcountry Babes reached an agreement with Backcountry.com and will be able to continue using the term in their name, Utah bikemaker Backcountry eBikes settled in May and will henceforth be known as Backou eBikes. Jordan Phillips rebranded his jeans company from Backcountry Denim to BDCo after his trademark for Backcountry Denim was canceled.
Backcountry's Arcylon long-sleeve jersey and Mid Mountain hip pack are two of the mountain bike focused products they've introduced under their own brand.
Backcountry.com originally got the trademark for use of the word "backcountry" for “retail store services, mail order services and computerized online retail store services" in 2007. Last year they filed for trademarks for hundreds of pieces of gear and in March of this year, they announced in a
press release that they would be expanding their brand product offerings to include climb, mountain bike, and winter collections as well as outdoor lifestyle apparel and travel gear.
| My feeling is that nobody should have the right to the term 'backcountry.' It’s like trying to trademark 'road' or 'beach' or 'mountain.'—Jordan Phillips of BDCo to the Colorado Sun |
This is not the first time that consumers have flocked to social media to condemn a brand that's attempting to protect a trademark. You can still find the Specialized
#roubaixgate tweets
here. And, going back into the archives to 1996, Cannondale threatened legal action against Rocky Mountain for their use of the trademarked word "freeride"—which is how the "Froriders" came to be.
www.bbc.co.uk/news/uk-scotland-north-east-orkney-shetland-40842674
Where you'll find the decision makers. *Disclaimer* This post is in no-way affiliated with Backcountry, Back, Country, or any form, shape of Goats, Mammals, Slander, or any other legally binding term.
(Cottonwoods, Hayden, Silver Fork, Antigua, Pinyon, All Around, Adventure, Rustler, Canyonlands, Dolomite, Empire, and Cedar)
Here are the current open non trademarked names if anyone wants to apply for them.
(Double Dyon, Wasatch Crest, Steort, and X Black Diamond)
A bit ironic......
www.backcountry.com/sc/a-letter-to-our-community
But this is a bummer move.
Dear Sir/Madam,
In your use of backcountry.com, you seem to have used the letters c*ntry, which I have In fact copyrighted. Please refrain from use of these letters or expect to hear further.
Keep in mind Backcountry is owned by TSG Consumer (www.tsgconsumer.com/portfolio), and the president of TSG, Jamie O'Hara, has a JD from Georgetown. I'm unsure if you can actually see who initiated the lawsuits, but it might make sense that either O'Hara (JOHARA@TSGCONSUMER.COM) or Backcountry's General Counsel, Thomas Jeon (tjeon@backcountry.com), were the initiators behind these...
corporate.walmart.com/newsroom/2017/02/15/walmart-announces-the-acquisition-of-moosejaw-a-leading-online-outdoor-retailer
www.tsgconsumer.com/portfolio
Think of all the money in the economy as a pizza with 10 slices. All the people in the country are represented by 10 people. The current situation has the first guy taking 9 slices, leaving 9 people to fight over 1 piece of pizza.
This is a scaled down, but accurate, representation of the level of income inequality currently present in America.
Educate yourself, listen to actual economists like Robert Reich and Dr Richard Wolff speak about it.
One million seconds is 11 days.
One billion seconds is 31 years.
For the average person making $50k per year, it would take 21,000 years to make one billion dollars. Jeff Bezos is worth $112 billion dollars.
It would take that same worker 2.35 million years to be worth what Jeff Bezos is worth TODAY.
Not defending Spesh here by any means. Just correcting the historical record.
Park Tools has a trade mark in the color blue as it refers to bike tools.
UPS has a trade mark on the color brown with respect to package delivery trucks.
Don't forget that competitive cyclist is a sister company of back country
I better take that bumper sticker off. I used to like Backcountry and all of their affiliates, but these lawsuits are quickly changing that.
@kiddlivid I did not know that. It will make me rethink what is sitting in my cart.
Not sure but Geartrade.com I think is also under the umbrella.
But then there is this from there web site for press release www.backcountry.com/sc/press-release
PARK CITY, UT — Today, Jonathan Nielsen, CEO of Backcountry signed the Camber Outdoors CEO Pledge, committing to accelerate efforts to attract, retain, and advance top-tier, diverse talent. The CEO Pledge, developed by Camber Outdoors, elevates women’s leadership as a strategic, visible business priority within the active-outdoor industries.
Eh I haven't purchased anything from their companies in a while though I have filled my cart multiple times, just haven't clicked Checkout.
Lol
Mike Levy would have to get a Specialized tattoo across his chest and pay a royalty every time he took off his shirt.
Monster energy has done the same thing..
I always hated how they have these "gear guides" that email you like they're your friend. "Hey man got any plans this weekend? " "Let me know if you need any gear? " Yeah ok buddy I'll let you know lol!
If you're a (former) Backcountry.com customer, email your gear guide. Hearing from now-ex-customers will do way more than a hashtag on twitter.
Due to the new legal standards, and as a lawyer hired by Hope®, we kindly ask you to withdraw your previous comment. Indeed, the latter contravenes the case law on citations. If you do not execute within the next 2 days, Hope® will be obliged to take you to court.
We thank you for your understanding.
/90s comedian
Email them your thoughts at customerexperience@backcountry.com
apps.apple.com/us/app/backcountry-outdoor-gear/id450920999
Aside from brand loyalty, I'm not sure that www.backcountry.com has anything on other retailers. They have some good prices, but not prices that can't be best elsewhere online.
Amongst all the occurrences in the world that I have no control over, I can easily and happily not shop with them because of this petty bitch move.
backcountry.com shows this message for EU residents
"SORRY.
You're probably wondering why you've landed here of all places. Well, as of 25.05.2018, Backcountry is no longer available outside the U.S. due to GDPR regulations. But, there's a huge upside: Allow us to introduce Backcountry's European sister site - Bergfreunde.eu! Here, you'll find all the goodies you would've otherwise found at Backcountry, including the best outdoor gear, expert advice and the most impeccable service - all within the E.U.
Have fun shopping at Bergfreunde.eu!"
Worry not PB community..we are currently filing a class action against Backcountry for a small but determined group of Albino Goats. We will prevail!
Bleat, Bleat.
I can't boycott PBR, no one else makes beer flavored lacroix
www.youtube.com/watch?v=NA23-cMrNA8
Though this seems to more of a thing with cyclists and their bike makers than with any other group that I can see. Raise your hand if you got rid of your Toyota when they were found to have covered up the defects during their "sudden acceleration" campaign?
(crickets)
I have zero knowledge of this company however they are required to follow some rules as a copyright owner. Read over this if you're interested.
I'd have sued them for this too. They were trying to capatalize off Patagonia and make it seem like they were connected.
They need to reduce their prices and legal team and get BACK to business of satisfying customers.
I will not support corporate greed and have boycotted many of the brands listed in some of the comments; like Specialized, North Face, Trek, Nike.
I see Backcountry going in the same direction as Performance Bike; Started as a discount retailer, then grew to big and sold out to the corporate greed conglomerates who only care about the bottom line, and could care less about the customer.
www.classickona.com/oldgold/2006/index.htm
www.lexology.com/library/detail.aspx?g=99b6883c-e1ea-4b02-9b64-55f1082d937f
I’d be embarrassed to be part of this shameless bullshite.
You all should be out campaigning for income equality, feeding the hungry, demanding our politicians tell the truth, but instead this garbage.
They were after a cafe for the name Roubaix ...
insidescoopsf.sfgate.com/blog/2015/01/13/lagunitas-brewing-sues-sierra-nevada-over-ipa-label
www.chicagotribune.com/dining/ct-lagunitas-sierra-nevada-backlash-20150114-story.html
These lawsuits are a defensive move by Backcountry.com to prevent Amazon.com from acquiring one of the other 'backcountry'-named brands and then competing directly with Backcountry.com. It's easier and cheaper for Backcountry.com to take on these smaller businesses than it would be to fight with Amazon.com.
The funny thing is those who are up in arms about this are such a vast minority. Most people who shop there probably don't have a clue and wouldn't care either way. Price point is king.
Backountry is registered for
IC 035. US 100 101 102. G & S: Retail store services, mail order services, and computerized on-line retail store services featuring men's and women's clothing, headwear, footwear, outerwear, eyewear, heart rate monitors, altimeters and accessories, tote bags, ski and snowboard equipment, snowshoes, avalanche safety, and other winter accessories, kayaks, canoes, paddles and related accessories, camping, hiking and mountain climbing equipment, food and hiking accessories, luggage, luggage and equipment car racks and related accessories; dissemination of advertising for others via an on-line electronic communication network; and promoting the goods and services of others by preparing and placing advertisements on a web site access through a global computer network. FIRST USE: 20040600. FIRST USE IN COMMERCE: 20040600
It doen't mean they are protected for all these categories if they are not actively selling equipment with this branding.
It sounds pretty abusive to sue backcountry babes (tmsearch.uspto.gov/bin/showfield?f=doc&state=4805:dlwuuy.2.11) they are registered for IC 016. US 002 005 022 023 029 037 038 050. G & S: Stickers. FIRST USE: 20120209. FIRST USE IN COMMERCE: 20120209
IC 041. US 100 101 107. G & S: Physical education services; Conducting guided outdoor expeditions. FIRST USE: 20111209. FIRST USE IN COMMERCE: 20111209
IC 045. US 100 101. G & S: Providing information concerning safety risks in the back country and/or avalanche terrain. FIRST USE: 20111209. FIRST USE IN COMMERCE: 20111209
It sounds like often these larger companies act as bullies. First, it doesn't look like a solid case but they are probably takind advantage of smaller companied not knowing their rightd well enough. Also i don't really see the prejudice a touring or jeans company would be for a stupid online retailer!!
Shame on Backcountry!!!!!
Wish there was a simple database where I could see who owns the companies I purchase from. In the consumer world you can visit this site: wikibuy.com/blog/11-companies-that-own-everything-904b28425120
Other conglomerates I know that operate in the cycling world:
Pon holdings - Santa Cruz and Cervelo
Dorel - GT, Cannondale, etc...
Accell - Raleigh, Haibike
Regent LP - Diamondback, redline, Mavic
L Catterton - Pinarello (not mtn bikes, but still a big conglomerate all the same)
Vista Outdoor - Giro, Bell Camelbak
UWHK Ltd - Niner, Huffy,
Sram - ALl of their brands (including rockshox)
Hayes performance - Hayes, manitou, sunringle, reynolds, answer, protaper
Im sure there's more. Private equity owns everything behind the scenes.
I understand the frustration but you have to get the facts right...
Heed your own advice dude.
You also cannot generalize all PE firms. They all have different strategies and objectives. There are plenty of good firms out there and plenty of bad ones. However, if you are going to generalize, the more a PE firm staff and partners need to get involved in the management of a portfolio company, the more you can assume that portfolio company suffers from bad management, which while under pressure from ownership, makes poor decisions.
Stop f*cking acting like it's everyday people who are stockholders for these giant Corporate conglomerates. It's the richest of the rich in this country that can never have enough.
They hung onto a bike for me for a week with no down payment. Last one in stock.. They didn’t have to!
And I got better tech support from the salesmen than I’ve ever known.
I don’t give a f*ck about this. That’s a business, they’re trying to stay afloat in this crazy time with competition from all sides. Those dudes were solid. I feel like I still owe them...
Who has "wilderness" trademarked?
Everybody hates on Big S, but they did take part in some of the original development of the horst for use in bicycles, then they paid for exclusive rights to the patent. Now you can hate on the patent office for giving it out? But they did pay for it and were within their rights to protect it and I don't see anyone hating on DT for having other companies PAY for licensing his patents?
Also, most early suspension bikes did suck. So I totally think Specialized was right to try and hold onto something that works pretty well for as long as they could while most everybody else was fumbling around...
On one hand I understand the need to preserve one's namesake. These days I can see Backcountry coming under fire as sexist/demeaning for being affiliated with something like "Backcountry Babes" or the need to protect their own clothing line branded as Backcountry when another clothing company is starting as Backcountry Denim.
On the other hand, it's never a good look for a large company to sue somebody smaller than them, simply because of how it is perceived from the outside looking in. I don't imagine that Backcountry's goal is to put these companies out of business or create hardship for anybody (hence them reaching agreements), but it is rather detrimental for their image to bring a legal matter to an independent retailer of any kind.
They deserve to hear what corporate douchebags they are.
www.pressdemocrat.com/business/3374076-181/petalumas-lagunitas-brewery-suing-sierra
Shoes off
No alcohol
Music off by 10
No heavy petting
But most of all enjoy yourselves
Way™ to® go™, Backcountry®©™.com™. It™ worked® out™ well© for™ Specialized®©™, right?™
How do you actually expect things to function practically in the real world?
I'm not a republican or even a business owner, but come on, you guys are all rampant consumers, buying expensive bikes and parts from wealthy companies. And here you are, being a bunch of f*cking hypocrites.
Pretty sad state of affairs.
en.wikipedia.org/wiki/K2_Sports
en.wikipedia.org/wiki/Kohlberg_%26_Company
Let the public put a dent in their profits, making their efforts counterproductive.
#boicottbackcountry
and f*ck you.
Up vote to #retweet
You all ain't shite to these companies, just a number, seriously, how can anyone with any intelligence think you matter?
These companies sell stuff, we buy stuff, rarely does a consumer buy online because they "like" that company. We buy where a product we want is available and cheap, cheapest with free shipping.
Don't bullshite a bullshitter, ain't no one on PB immune from this kind of hypocrisy.
Maybe we should boycott PB for posting this BS?
Edit: What really chaps my hide is I know folks who work there, and they are all cool folks who like gear and who use that gear in real life. So when you bash the company for administrative choices, keep in mind that real people work there too, real people like us.
[Reply]
Sad that you have no issue with a giant corporate conglomerate punching down in society. That use to be considered cowardly.
If you think that consumers won't take their money elsewhere (they just lost out on the thousands I will spend on my next build), you're pretty naive.
What the f*ck have you done for society, besides make excuses for Corporate bullies because 'real people work there.'
f*ck you.
So let’s trademark Mountain. Or grass. Or Corporate Bullshit.
@skycripp: The only ethical issue I see is it appears they may be going after small companies that may actually have rights to the trademark under first use laws, but be too small to be able to afford to defend themselves in court. Anyone who branded their products Backcountry after the company took products to market doesn't have much to stand on.
Also wondering if there is a distinction between companies that sell a product vs a service? My limited knowledge of trademark would say that if something is not likely to be confused with the offering of the company that has the trademark that it would be fine. Such as "Sarah's backcountry tours" would be fine as no one would see that and think it was affiliated with backcountry.com.