Backcountry.com goes after businesses who use "Backcountry" in their name - Survivalist Forum
Survivalist Forum

Advertise Here

Go Back   Survivalist Forum > >
Articles Classifieds Donations Gallery Groups Links Store Survival Files


Notices

General Discussion Anything non-survival related - news and information, current events, general chit-chat stuff.

Advertise Here
Reply
 
Thread Tools Display Modes
Old 11-07-2019, 03:38 PM
sw1911's Avatar
sw1911 sw1911 is offline
Hiker
 
Join Date: Feb 2012
Posts: 669
Thanks: 645
Thanked 1,260 Times in 395 Posts
Default Backcountry.com goes after businesses who use "Backcountry" in their name



Advertise Here

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/
Quick reply to this message
The Following 2 Users Say Thank You to sw1911 For This Useful Post:
Old 11-07-2019, 04:35 PM
Mazarine33's Avatar
Mazarine33 Mazarine33 is offline
You were the Executioner.
 
Join Date: Aug 2019
Posts: 422
Thanks: 1,066
Thanked 1,121 Times in 332 Posts
Default

They could bite my BackcountryPinkPertAss. Countersue.
Quick reply to this message
The Following 3 Users Say Thank You to Mazarine33 For This Useful Post:
Old 11-07-2019, 04:38 PM
Bearack's Avatar
Bearack Bearack is offline
Survivor
 
Join Date: Jun 2010
Posts: 6,832
Thanks: 4,165
Thanked 16,477 Times in 4,838 Posts
Default

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
Quick reply to this message
The Following 4 Users Say Thank You to Bearack For This Useful Post:
Old 11-07-2019, 04:40 PM
Revmgt Revmgt is offline
Survivor
 
Join Date: Jul 2013
Location: South florida
Posts: 5,226
Thanks: 8,799
Thanked 14,285 Times in 3,835 Posts
Default

******* 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
Quick reply to this message
The Following 3 Users Say Thank You to Revmgt For This Useful Post:
Old 11-07-2019, 05:07 PM
.455_Hunter's Avatar
.455_Hunter .455_Hunter is offline
Target Shooter
 
Join Date: Sep 2014
Location: In the foothills of the Colorado Front Range
Posts: 510
Thanks: 496
Thanked 1,119 Times in 356 Posts
Default

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.
Quick reply to this message
The Following 5 Users Say Thank You to .455_Hunter For This Useful Post:
Old 11-07-2019, 05:20 PM
charliemeyer007's Avatar
charliemeyer007 charliemeyer007 is offline
reluctant sinner
 
Join Date: Jan 2011
Location: Rent Free in your head
Posts: 14,042
Thanks: 33
Thanked 24,284 Times in 8,909 Posts
Default

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]
Quick reply to this message
The Following 3 Users Say Thank You to charliemeyer007 For This Useful Post:
Old 11-07-2019, 05:27 PM
Timberline's Avatar
Timberline Timberline is offline
Rider
 
Join Date: Feb 2011
Location: Rocky Mountains
Posts: 1,438
Thanks: 2,852
Thanked 7,728 Times in 1,290 Posts
Default

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
Quick reply to this message
The Following 3 Users Say Thank You to Timberline For This Useful Post:
Old 11-07-2019, 11:54 PM
Zuriss's Avatar
Zuriss Zuriss is online now
Deplorable
 
Join Date: Nov 2014
Location: Texas
Posts: 1,416
Thanks: 3,297
Thanked 4,938 Times in 1,204 Posts
Default

Hopefully they go bankrupt, then the headlines will read 'Broke Backcountry'.
Quick reply to this message
The Following 7 Users Say Thank You to Zuriss For This Useful Post:
Old 11-08-2019, 06:05 AM
JabbaNoBother's Avatar
JabbaNoBother JabbaNoBother is online now
EdgeCrusher
 
Join Date: Feb 2015
Location: Lehigh Valley, PA
Posts: 725
Thanks: 544
Thanked 865 Times in 386 Posts
Default

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
Quick reply to this message
The Following 3 Users Say Thank You to JabbaNoBother For This Useful Post:
Old 11-08-2019, 09:19 AM
gungatim gungatim is offline
Hunter
 
Join Date: Nov 2014
Posts: 1,207
Thanks: 457
Thanked 1,634 Times in 679 Posts
Default

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!
Quick reply to this message
The Following 4 Users Say Thank You to gungatim For This Useful Post:
Old 11-08-2019, 10:33 AM
HomeDefense's Avatar
HomeDefense HomeDefense is online now
Bad Dog
 
Join Date: Oct 2009
Location: Hellfire, Arizona
Posts: 4,119
Thanks: 2,480
Thanked 16,678 Times in 3,544 Posts
Default

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.
Quick reply to this message
The Following 2 Users Say Thank You to HomeDefense For This Useful Post:
Old 11-08-2019, 10:41 AM
HomeDefense's Avatar
HomeDefense HomeDefense is online now
Bad Dog
 
Join Date: Oct 2009
Location: Hellfire, Arizona
Posts: 4,119
Thanks: 2,480
Thanked 16,678 Times in 3,544 Posts
Default

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
Quick reply to this message
The Following User Says Thank You to HomeDefense For This Useful Post:
Old 11-08-2019, 11:46 AM
Nefarious1's Avatar
Nefarious1 Nefarious1 is offline
cogito ergo sum
 
Join Date: Sep 2011
Location: The gunshine state
Posts: 41,306
Thanks: 207,327
Thanked 193,258 Times in 39,272 Posts
Default

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.
Quick reply to this message
Old 11-08-2019, 03:22 PM
STEEPOE's Avatar
STEEPOE STEEPOE is offline
Hunter
 
Join Date: Mar 2011
Location: Dallas, Texas
Age: 47
Posts: 1,903
Thanks: 1,945
Thanked 2,811 Times in 1,127 Posts
Default

Really, boycotting them...GTFO.
Quick reply to this message
Reply

Bookmarks



Quick Reply
Message:
Options

Register Now

In order to be able to post messages on the Survivalist Forum forums, you must first register.
Please enter your desired user name, your email address and other required details in the form below.
User Name:
Password
Please enter a password for your user account. Note that passwords are case-sensitive.
Password:
Confirm Password:
Email Address
Please enter a valid email address for yourself.
Email Address:
Gender
Insurance
Please select your insurance company (Optional)

Log-in

Human Verification

In order to verify that you are a human and not a spam bot, please enter the answer into the following box below based on the instructions contained in the graphic.



Thread Tools
Display Modes

Posting Rules
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 07:18 AM.


Powered by vBulletin®
Copyright ©2000 - 2019, vBulletin Solutions, Inc.
Search Engine Optimisation provided by DragonByte SEO (Lite) - vBulletin Mods & Addons Copyright © 2019 DragonByte Technologies Ltd.
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2019 DragonByte Technologies Ltd.
Copyright © Kevin Felts 2006 - 2015,
Green theme by http://www.themesbydesign.net