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Thread: Backcountry.com goes after businesses who use "Backcountry" in their name Reply to Thread
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Topic Review (Newest First)
11-08-2019 03:22 PM
STEEPOE Really, boycotting them...GTFO.
11-08-2019 11:46 AM
Nefarious1
Quote:
Originally Posted by .455_Hunter View Post
The Hard Rock Cafe in the mining town of Empire, CO was opened in the 1930's. Not unsurprisingly, the tasseled loafer morons representing the "other" restaurant with the same name decided to sue. Fortunately, the outcome was favorable to the little guy.
They should have counter sued. Now that would have been really funny.
Worth tens of millions.
11-08-2019 10:41 AM
HomeDefense
Quote:
Originally Posted by Revmgt View Post
******* move.
Is there any clause in trademark laws that makes an exception for people who were publicly using it before someone trademarked it?
Seems this is an unethical but legal way to screw people out of money
Yes. it's called "Prior Use."

The real problem is that most small businesses spook easily when a large company or a law firm threatens them.

Around the early 2000s, there was a group of lawyers who patented the online shopping cart. They claimed the patent covered all online shopping carts. They used the patent to extort money from small businesses. They stayed away from large businesses that could afford a legal battle. Hundreds of small businesses paid them a fee of thousands of dollars so they could continue operating. Eventually, someone challenged them in court and the judge ruled against the attorneys.

I did some searching and it looks like the attorney group is still at it, or at least it was until recently.

“Shopping cart” patent troll shamelessly keeps litigating, and losing
11-08-2019 10:33 AM
HomeDefense I ran into a similar situation with one of my past companies. A company sent me a formal letter claiming that two out of the three words in my company name were trademarked and I had 30 days to change my company name and relinquish my web site domain name to them.

Fortunately, I know something about the law. You cannot protect individual words in a company name unless it causes consumer confusion in a specific marketplace, which is frequently hard to prove. The name ABC News and ABC Pest Control do not cause confusion. Each is in different markets. Trademarks are filed specific to a market segment.

I sent messages back to both the marketing person who sent me the threatening letter and the president of the company.

The words they claimed they had exclusive rights to were registered to a different segment of the market than I was in. They, therefore, had no trademark rights to the segment I was in.

There was never any confusion about which company did what. No one ever referred to my company by the two words they claimed to have exclusive rights to.

I also cited "prior use," becase I started my LLC prior to their trademark registration of the name.

I never heard back from them.

Yeah, that was a bad move on Backcountry's part. The word Backcountry is also a generic word, not something specific like EXXON. If someone started a company called EXXON Pest Control, EXXON would likely win that one because consumers would assume there was a connection to the oil company.

This is actually a common scam when someone wants to harass a competitor or they want a specific domain name held by someone else.
11-08-2019 09:19 AM
gungatim
Quote:
Originally Posted by Zuriss View Post
Hopefully they go bankrupt, then the headlines will read 'Broke Backcountry'.
thanks, just spit coffee all over my desk!
11-08-2019 06:05 AM
JabbaNoBother I have one of their goat stickers on the back of my ProTec helmet...dont even remember what I bought lol. Peel'n that sucker off.

Sent from my SM-A102U using Tapatalk
11-07-2019 11:54 PM
Zuriss Hopefully they go bankrupt, then the headlines will read 'Broke Backcountry'.
11-07-2019 05:27 PM
Timberline They've walked it back ... weakly:


https://www.backcountry.com/sc/a-let...-our-community


Too little, too late for them to cry about it and have me give a damn
11-07-2019 05:20 PM
charliemeyer007 What do you think are the shister lawyer's doing for work these days besides patent trolling? They have student loans to pay back if the DNC doesn't win.

When i worked for the highway dept and traveled state wide 3/4 of the year back in the early 80's, one of my co-workers wanted to copy write "Cafe Diesel" because almost every truck stop had those signs up besides their regular name.

Bac'kCountry

I just signed up for their news letter [email protected]
11-07-2019 05:07 PM
.455_Hunter The Hard Rock Cafe in the mining town of Empire, CO was opened in the 1930's. Not unsurprisingly, the tasseled loafer morons representing the "other" restaurant with the same name decided to sue. Fortunately, the outcome was favorable to the little guy.
11-07-2019 04:40 PM
Revmgt ******* move.
Is there any clause in trademark laws that makes an exception for people who were publicly using it before someone trademarked it?
Seems this is an unethical but legal way to screw people out of money
11-07-2019 04:38 PM
Bearack Radio Shack did that as well with anyone using shack in the name and won most filings,unfortunately. Most the people sued were mom and pop shops.

Guess who has the last laugh now :D
11-07-2019 04:35 PM
Mazarine33 They could bite my BackcountryPinkPertAss. Countersue.
11-07-2019 03:38 PM
sw1911
Backcountry.com goes after businesses who use "Backcountry" in their name

update 11/8/19

They made it onto Fox 31 morning news:

https://www.facebook.com/EmilyAllenF...2927493824762/

----------------------------------------------------------------------------------------------

Backcountry.com files lawsuits against businesses who use the word "Backcountry" in their name. You can guess how that turned out.

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

The 23-year-old Utah e-retailer — founded by ski bums but owned since 2015 by private equity firm TSG Partners — this year deployed California’s IPLA Legal Advisors, the nation’s largest trademark-only law firm, in four lawsuits targeting small businesses that used the word backcountry in their name. The U.S. District Court lawsuits follow several years of the e-retailer filing dozens of lawsuits and protests with the U.S. Patent and Trade Office targeting businesses that have trademarked the word backcountry.

-----------------------------------------------------------------------------------------------

CEO of Backcountry.com makes an attempt to apologize for their business practice:

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

-----------------------------------------------------------------------------------------------

Boycott Backcountry.com facebook group currently at 16,000 members:

https://www.facebook.com/groups/538528110277900/

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