http://ttabvue.uspto.gov/ttabvue/v?q...flNh6XwrNCYRTg
This might be incomplete because it's only registered trademarks, but holy hell.
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http://ttabvue.uspto.gov/ttabvue/v?q...flNh6XwrNCYRTg
This might be incomplete because it's only registered trademarks, but holy hell.
Just thinking out loud...
BC's return policy is here https://www.backcountry.com/sc/returnguarantee
What if, hypothetically, people started buying stuff only to return it a week later for a refund?
If done by enough peeps, this would raise hell with inventory control and could force the company to increase its returns/allowance reserves. Not to mention that if you "buy" expensive shit, they pay the freight to you as well as freight back.
Thoughts?
I am turning this around.
I am going buy a set of Marquette Backcountry Skis, the dude who is being sued. These things look fun as hell. Fuck backcountry dot com.
https://www.snapperhead-inventions.com
Attachment 300560
Attachment 300561
Attachment 300562
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Hell, I'll get a pair and we can poach the YC golf course.Quote:
Originally Posted by Harry
Followed the link. The skis look fine, but I got distracted by the pair of jug smugglers.Quote:
Originally Posted by Harry
I'm sure there's an abused albino meerkat in tanzania that needs their help; and managuan monosexuals that need ski lessons, and people flying 787s every week need to understand their role in climate change!Quote:
Originally Posted by Thurgood Jenkins
YesQuote:
Originally Posted by Harry
YASSSSSSSSS!Quote:
Originally Posted by idahospud
This whole deal really grinds my gears. The podcast for Marquette skis guy is awesome. Mofo is gonna takit to em! Those bc skis look like a 1000% more funnerer option than snowshoes. You could easy peasy cut down some skins and go steepndeep.
Mag skioff Rax skis vs. Marquette skis at MAGBAKE UT 2.0? All proceeds to goto the help Marquette fuck backcuntry dot com legal defense fund...
Fucken bcdotdumasses frenchfried and pizza'd at the same time
https://www.skiutah.com/blog/authors...inline-display
Here is my take. I used to work in brand management for a big company.
- USPTO (patent and trademark office) has previously awarded trademarks for the term "Backcountry" for other goods and services, as early as 2016 to a company trying to make a "Backcountry" bourbon. These marks aren't associated with additional graphics (e.g., doesn't need to accompany a goat or other drawing), markings or ".com" etc. USPTO also gave "Backcountry" trademarks to Arctic Cat, an optics company making binoculars, an essential oils company, and a toy company. Most of these marks are dead (registrations haven't been renewed) but some are still live. So that probably paved the way for Backcountry.com to get their marks approved.
- Backcountry.com was awarded marks in a huge variety of goods and services, including avalanche probes. That sets up a direct conflict with Backcountry Access company, since BCA has been marketing avalanche probes under their own brand name for several years. Other types of goods and services for which bc.com filed use of said charcter mark: skis, climbing skins, climbing gear (ropes biners bouldering pads etc), ski repair tools, bike repair tools, tailgate pads, water bottles, air mattresses, clothing.
- The above info is publicly available in the USPTO trademark database: http://tmsearch.uspto.gov/bin/gate.e...805:ql6668.1.1
- IPLA is the key firm involved in registering all of these marks and actively enforcing them ... but it's impossible to tell who is authorizing IPLA's actions and paying their checks (out of whose division budget/cost center) - a division within backcountry.com or within the parent branding organization TSG Consumer Partners?
- Since it's impossible to tell, I've extended my personal outrage and product ban to all of TSG's brands - which is a TON of stuff including PBR and Sweetwater beer, Duckhorn wine, Stumptown coffee, Meguiars car wash wax, LaVictoria salsa, PlanetFitness and Corepower fitness gyms, etc, the list is super extensive: http://www.tsgconsumer.com/portfolio
Attachment 300621- This brand strategy - to lose the dot com and rebrand around just "Backcountry", without the goat, and then to actively enforce it, not among competitors like my local Eugene-based business BackcountryGear.com, but among customers and suppliers like guiding group Backcountry Babes or jeans company Backcountry Denim - is pure insanity to me, as someone who used to be paid to approve and execute brand strategy on a nationwide and international level!
- TSG does not have any email contact but their PR firm's email address is TSG-SVC@Sardverb.com
- The email for backcountry.com's PR firm is pr@backcountry.com
- Jonathan Neilsen's email address (CEO of Backcountry.com) is floating around on the internet as well but I won't repost it as it's not publicly posted by them ... but you can find it if you want to direct your outrage in a nice letter.
I decided to send TSG's PR firm and Jonathan Neilsen a love note.
Quote:
Dear TSG Brand Management Persons,
I can confidently say I've spent nearly $10,000 over the last 10 years purchasing mountain bikes, boots, camping gear, clothing, ski gear, etc. from Backcountry.com and its associated sites, because the websites can show me all of my order history so I tallied it up. I can also confidently say that thanks to the predatory actions against suppliers, service providers, and consumers in the outdoor industry undertaken by IPLA on behalf of Backcountry.com and/or TSG Consumer Partners - you are NO LONGER GETTING MY BUSINESS.
Instead I'll purchase through backcountrygear.com, REI, and other local retailers.
It's absurd that your company would even think to register a trademark for a common term like "backcountry" (without the "dot com" part which was integral to the identity consumers like me used to recognize), and even more absurd to see you authorizing IPLA going after people who actually buy stuff from your platform, or sell stuff through your platform! Did it never occur to you as you authorized IPLA to go after them, that the owners of Backcountry Babes had probably bought skin glue, gloves, goggles and jackets from your website? The persons behind Backcountry Denim probably bought all their sunglasses from Steep and Cheap? This isn’t just going after competitors, you are going after your owns suppliers and customers – it’s borderline insane. Mind you, I actually used to do brand management professionally, for a living, as {info excluded}, and I would not ever have supported a brand plan this ridiculous or outrageous.
What is the loss of my of business worth to your company, another $10k in revenue over the next 10 years, maybe twice that now that I'm married with a kid and have double the gear needs? What is the cost of me sharing this story with all of my gearhead friends? I have hundreds of them on Facebook, tetongravity.com, and mtbr.com. I’ll make sure to remind everyone I know about this going into the holiday shopping season. Can you estimate that cost and put a net present value on it? My account name on Backcountry.com is “ {info excluded}” if you wish to authenticate my business history with you.
Also, since I am unable to determine whether the Backcountry.com division in and of themselves authorized and funded such actions through IPLA law firm, versus the parent organization TSG Consumer Partners, I'm just going to extend my outrage to all brands associated with TSG Consumer Partners. It's reasonably likely to me that TSG's brand management team directly authorized this branding and brand protection strategy, and paid for IPLA to wage war on small businesses across the country. The other brands in the portfolio I used to purchase includes Stumptown coffee, Duckhorn wine, PBR beer, Sweetwater beer, and LaVictoria salsas and beans.
Thanks guys, it's been fun, you’ve been good to me, but you also have competing brands and products I can work with, who don’t prey on small businesses and consumers elsewhere in the value chain. I’m probably out for good, unless you can withdraw or “make dead” the “Backcountry” trademark registrations you have with USPTO. I’m talking about the standard character mark registrations that IPLA is currently enforcing on your behalf (the ones that don’t have a goat design associated with the mark):
• 88195749
• 88142992
• 87865407
• 87776289
• 87046862
Cheers and best wishes as you move forward from this episode.
Well done. I guess I can try to boycott PBR. But really, right when we finally get "real" PBR in Utah? Fuck you TSG.Quote:
Originally Posted by SchralphMacchio
There's an entire brand called Backcountry Access.
Anyway, good luck explaining to a judge how that word is somehow novel.
La Victoria’s out!???!!?
God dammit, say it ain’t so!!
^^^ that was the one that got me too.
Thank god the beans we buy in caseloads from Costco are Rosarita brand!
Well written, and thought out.Quote:
Originally Posted by SchralphMacchio
I get that trademarks must be defended, but this seems to be beyond any reasonable expectation. And way too after the fact.
There's a local store that is probably facing one of their threats, and when I think about what the owner has done for this community vs TSGordon Gekko, saying goodbye to Backcountry will be easy. (and I've been buying stuff from them since the 00s - well over 10k)
also, their gear advisors are annoying.
I mean, they just got the marks approved last year, so it's not exactly after the fact. But it is ridiculous that USPTO awarded them registered trademarks for use of a common word, without requiring additional distinguishing marks (like the goat). One of their trademark registrations is for the word "Backcountry" when also used with a goat graphic. That trademark is fair in my book.Quote:
Originally Posted by Ted Striker
But here is what really lit a fire under my ass: some individual or individuals approved their agent (IPLA) to use said trademark registrations to wage a terror campaign against small businesses that probably have less total annual revenue than BC can pull in a single day of sales. Even moreso when you consider that many of these businesses are not direct competitors - like Backcountry Babes. Those persons should be fired for their decisions, and that's the point of "punishing" the company by refusing to purchase their products (or other associated products such as TSG products, or DPS, Flylow, etc).
Having companies like Backcountry Denim and any "Backcountry" marked skis available in the in the market affects the value of their exclusive brand partnership deals with Flylow, BD, and DPS. I get that.
But again, in my view the trademarks should have been awarded solely in combination with additional distinguishing designs like the goat. And then the various litigation threats against ski and clothing companies could have been handled according to whatever credible basis of brand confusion they could argue in front of an arbitrator.
(edit: the sandwich thing is unverified)
According to their interview it was due to an overload of too many "backcountry" named businesses. It's possible that they saw the registered trademarks and decided to avoid as well.Quote:
Originally Posted by mooseknuckles
https://www.steamboatpilot.com/news/...ng-franchises/
But I got confused and thought that bc.com went after Yampa ... which right now it looks like there's no evidence to suggest that actually happened.
Edit: more info from that article above:
Quote:
We worked with a number of consultants and a legal team that have a lot of experience in franchising. They wanted us to come up with a more unique name that we could trademark and that is not so diluted.”
Massive kudos to Flylow— they just cancelled their contract with Backcunty!!
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Do you have a link? Where did they announce this? Insta?Quote:
Originally Posted by SkiLyft
Via the Facebook group I posted above. I’m sure it will be public soon.
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Thats amazing! Nice one, Dan!Quote:
Originally Posted by SkiLyft
Nice one Dan Abrams!
I wonder if anyone at backcountry.com will read the part of my email where I ask them "what is the net present value of everyone on social media outdoors groups vowing to stop buying TSG products going into the holiday shopping season?"
"So much for the weekend" is probably what the execs at TSG and bc.com are thinking right now ...
If they fire whoever approved IPLA firm to go after all of the small businesses using the word Backcountry, and vow to stop enforcing and also cancel their trademark registrations *not involving a goat* or other distinguishing marks, and publicly apologize for their obvious mistake, then I'd consider buying Sweetwater and PBR again. Probably gonna be out with bc.com for a long while though ...
Yeah, agreed. Honestly though not sure they will ever get any of my money... this truly is an unforgivable issue.
Not to mention the irony that “backcountry” is all about enjoyment and camaraderie — not whatever they have bastardized the term to mean.
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Wow. Now see that is how you keep a longtime customer happy.Quote:
Originally Posted by SkiLyft
Thanks ScralphMacchio. Total ASSumption on my end. I read OPs post. Instantly searched Backcountry Provisions Steamboat. Then remembered it was no longer Backcountry Provisions and now delicatessen. Discover it is no longer Backcountry anything but now something Yampa related. I dial up the fam in SS and ask when they changed their name “this summer.” I find yelp evidence/proof of name change and post to the TGRz.Quote:
Originally Posted by SchralphMacchio
Appreciate you digging deeper and following up with all the details here!
Like!Quote:
Originally Posted by SkiLyft
Quote:
Originally Posted by SkiLyft
I can't find shit in that mess. Certainly not a post from flylow.
edit: found it "my friend's buddy's uncle's cousins said"
meh they give money to winter wildlands so I'm still never buying anything from them. :D
Wow.
Yeah, someone at the patent office must be fucking clueless. Without a logo or a dot com it's just a word that was already in the common lexicon of outdoorsy people. And that's besides the fact that there's already products directly called or described as backcountry in the same damn industry.
Don't see how the next judge to look at this doesn't say "bye Felicia"
Not quite - good friend of Dan the owner. So first hand — now second hand still if true is great for flylow. Big financial decision nonetheless.Quote:
Originally Posted by kidwoo
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Too bad they still hate boobsQuote:
Originally Posted by SkiLyft
Just giving you a hard time. Until it comes from flylow inc. though it's just hearsay. That's not firsthand btw.Quote:
Originally Posted by SkiLyft
I'd be stoked to see them pull out. DPS and black diamond need to follow. How sick would it be if bc.com kept the people in the dark who are actually making the shit? I'm betting that's the case. "here's your big fat supply contract, and in the meantime we'll be putting out of business every other business like yours"
Actually now that I think about it........... :D
I’ll ask dan in the am if I see him
Fuck em. Boycott!
Trademarking the word backcountry. That's fucked up.
Fuckers.
You guys are hilarious. Do you really think they give 2 shits?
Like DPS and Flylow are really going to affect their bottom line?
I couldn't recognize one single brand of theirs besides PBR, so you should know the shit you are dealing with already.
This is flipping amazing. Power to the people.Quote:
Originally Posted by SkiLyft
I have a new Flylow jacket I bought last month from BC. If in fact Flylow has cancelled their contract I will definitely take it back.
If bc.com loss their contracts with Flylow and DPS it would absolutely effect their bottom line. Two strategic Co-branding partners pulling out would be huge.Quote:
Originally Posted by MakersTeleMark
It would also send a very loud message.
Backcountry started as two guys in a garage. Now that they got bought by multi millionaire venture capitalists they want more. This is absurd. Do they have shareholders?
They left BCA alone because they have big lawyers too.
I am also a big customer over the years but the gear I buy is 99% other retailers and if I stopped doing business I can get my gear elsewhere.
This is just bad from a company who has been really great over the years.
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Pretty sure Backcountry access is owned by k2 or whomever owns.k2. so yeah deep.lae pockets. That's what makes this so crappy. Edgerly of backcountry access was friends with the orig founders of bc.com. backcunty is going after only those they know can't fight. Total fucking bullshit.Quote:
Originally Posted by whyturn
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