Really Backcountry.com??

**jarlybart** · 11-05-2019, 10:12 AM

Originally Posted by TahoeBC

I did and replied back to them why I'll never be buying from them again

Well guessing the marketing team is looking for things to keep them busy as they are not doing any social media work at the moment. I wonder how many people don't actually know about this so they are hoping to gain sales from the smucks who don't know yet.

**SchralphMacchio** · 11-05-2019, 10:14 AM

New Colorado Sun article up this morning is not flattering. Continues to paint picture of rampant aggression against small non-competitors in the outdoor space, just to protect monolithic brand value (which again should have never been awarded as a registered trademark).

https://coloradosun.com/2019/11/05/b...otts-backlash/

“Jenny Verrochi, who started Backcountry Nitro last year in Boulder with a Kickstarter campaign, got a cease-and-desist letter this fall from IPLA, the nation’s largest trademark law firm representing Backcountry.com in recent trademark filings. She emailed back and forth with the company’s ILPA lawyers in October, noting that she had secured the trademark for her organic cold-brew coffee brand earlier this year.

The company’s settlement offer said Verrochi could continue to sell Backcountry Nitro coffee but could not advertise, market or sell online.

“Given the circumstances, I believe this is quite fair,” IPLA senior associate Ben White wrote in an email. “Although you may disagree, that is what happens when you adopt an infringing trademark. Imagine if you tried to sell goods in an online store named Amazon Nitro — do you think Amazon would allow that? This is an analogous situation.”

And just to reiterate - my position is that whoever authorized IPLA to engage in these actions needs to be fired. A public apology should be issued. And the goatless trademark registrations should be cancelled.

**joetron** · 11-05-2019, 10:19 AM

Someone (possibly a former pro snowboarder turned CX racer turned Enduro racer now skateboarding his face off) made some Fuck Backcountry stickers in SLC a few years ago. I believe there may still be some at Go-Ride

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**GoldMember** · 11-05-2019, 10:22 AM

Originally Posted by Jong Lafitte

consumer standing to challenge trademark registrations:

https://www.theiplawblog.com/2019/01/articles/trademark-law/consumers-have-standing-to-challenge-trademark-registrations/

Not my blog

That's actually a pretty interesting parallel to the backcountry issue. Backcountry is a descriptor as both a noun and pronoun. Noun: Place or thing, not unlike 'I'm heading to the backcountry in the mountains to ski as opposed to the frontside that's lift served'. As a pronoun to describe a style of equipment, clothing, or anything else used in the backcountry. I think there would be a good argument to be made by us, as consumers, that we buy backcountry bindings, skis, boots, clothing, and other goods used in that place commonly known as the backcountry. Now if we only had an IP attorney on the forum who would be willing to take the case...

ETA: When does TSG sue the National Park Service? They use the term backcountry for purposes of issuing permits, for one.

https://www.nps.gov/grca/planyourvis...try-permit.htm

https://en.wikipedia.org/wiki/Backcountry

**TAFKALVS** · 11-05-2019, 10:24 AM

Originally Posted by glademaster

He looks like 3/4 of the white guys you see walking around Aspen.

Human skin looks so bizarre on a lizard body.

**glademaster** · 11-05-2019, 10:27 AM

Originally Posted by GoldMember

That's actually a pretty interesting parallel to the backcountry issue. Backcountry is a descriptor as both a noun and verb. Noun: Place or thing, not unlike 'I'm heading to the backcountry in the mountains to ski as opposed to the frontside that's lift served'. As a verb to describe a style of equipment, clothing, or anything else used in the backcountry. I think there would be a good argument to be made by us, as consumers, that we buy backcountry bindings, skis, boots, clothing, and other goods used in that place commonly known as the backcountry. Now if we only had an IP attorney on the forum who would be willing to take the case...

ETA: When does TSG sue the National Park Service? They use the term backcountry for purposes of issuing permits, for one.

https://www.nps.gov/grca/planyourvis...try-permit.htm

https://en.wikipedia.org/wiki/Backcountry

We're going to need an English teacher before we need a patent lawyer. JFC.

**GoldMember** · 11-05-2019, 10:30 AM

^^ Um, yeah, noun or pronoun....I'm an engineer and many decades past my last english lesson....

**PNWbrit** · 11-05-2019, 10:30 AM

Originally Posted by SchralphMacchio

Please be respectful to the gearheads and CSRs and let them know it’s nothing personal at all, you just want their boss’s boss’s boss’s boss’s IP firm and brand advisors to fuck off because they are going after their very own customers, people who help make the outdoors recreation ecosystem meaningful with valuable services and goods not offered by a mega conglomerate like TSG Consumer Group, so the overlords not need prey on every single company that potentially maybe just a little bit threatens the monolithic brand value of a single fucking word.

The gearhead bullshit was why I stopped buying stuff there.

**stuckathuntermtn** · 11-05-2019, 10:35 AM

Man, I will never live that down and I deserve it.

So Coke sold off Vitamin Water? Interesting. Love that stuff. Knew the guy who started that too. Nice guy!

**Lone Star** · 11-05-2019, 10:44 AM

so........ would a weekend in the near future be a good time to pass out handy information to potential customers on the sidewalks at their storefront in SLC? or would that just risk the unwanted scrutiny of their litigious overlords?

**PNWbrit** · 11-05-2019, 10:46 AM

Originally Posted by Lone Star

so........ would black friday be a good day to pass out handy information to potential customers on the sidewalks at their storefront in SLC? or would that just risk the unwanted scrutiny of their litigious overlords?

If you have that much time on your hands over the holidays go volunteer at a soup kitchen.

JFC.

**snowaddict91** · 11-05-2019, 10:49 AM

JFC. Backcountry and Amazon are not analogous terms. Fucking lawyers.

**Benny Profane** · 11-05-2019, 10:50 AM

https://coloradosun.com/2019/11/05/b...otts-backlash/

**mall walker** · 11-05-2019, 10:51 AM

the CO sun article is currently #4 on ycombinator of all places... seems like this is generating the type of PR they don't want. hopefully they'll knock it off. I wrote my gearhead and won't buy anymore there...

**ExPowderSnob** · 11-05-2019, 10:52 AM

Originally Posted by meter-man

On that note, EVO.com is run by a diehard former pro skier (Bryce Phillips), has three brick and mortar locations that are basically community hubs by themselves, and is a rad company all the way around.

Unless they trademark EVO and start going after extra virgin olive oil makers the world over....they'll be getting my money. Way smaller selection than BC.com, but a good online biz to support.

Great sale on skis going on right now too - ends in a few hours.

Background: https://www.evo.com/crew

Story: https://www.powder.com/the-peoples-skier/

Whoa, this is some hardcore fluffery https://www.outsideonline.com/239917...bryce-phillips

I met him once. He was a really down to earth and nice guy. Zero reservations shopping at Evo.. Good people, great boot fitter, pretty good with returns on "just make it right" principle...

**Conundrum** · 11-05-2019, 11:05 AM

Just spent a grip of money on Christmas and birthday gifts that could have all been purchased at backcountry.com for probably the lowest prices and ease of shopping. But, they got none of my business. To be fair, I still would have bought a lot locally but BC did miss out on probably $1,500 yesterday....in one day, from one guy. Because they're dicks.

Looks like the anti BC Facebook group is over 5,000 members now. They're shooting for 10k by the weekend.

**dcpnz** · 11-05-2019, 11:05 AM

USPTO is serious messed up.

Originally Posted by Benny Profane

https://coloradosun.com/2019/11/05/b...otts-backlash/

Love the hypocrisy of the IPLA lawyer dimissing the nonprofit guy’s petition to cancel their trademarks because of “genericness”. Thats exactly the reason USPTO should never have awarded the trademarks in the first place.

Definitely hope he pursues it and would likely make a financial contribution to do so since it seems cancelling all their trademarks is the best solution for all the affected small businesses out there.

Like many I’m intent on avoiding any of their storefronts for future purchases - concerned how long I can resist when something I want is on super sale though.

**joetron** · 11-05-2019, 11:05 AM

Originally Posted by Lone Star

so........ would a weekend in the near future be a good time to pass out handy information to potential customers on the sidewalks at their storefront in SLC? or would that just risk the unwanted scrutiny of their litigious overlords?

Nobody actually uses the sidewalks in the warehouse zone where they are located. The only folks you’d see are the employees schlepping over to the Maverick across the street.

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**Lone Star** · 11-05-2019, 11:09 AM

Originally Posted by joetron

Nobody actually uses the sidewalks in the warehouse zone where they are located. The only folks you’d see are the employees schlepping over to the Maverick across the street.

in that case maybe they need someone with good cheer to hang out there and give them coffee and a hug for having to deal with all the customers calling and complaining because their employers are meanie heads.

**bw_wp_hedonism** · 11-05-2019, 11:18 AM

Some nice billboards saying boycott backcountry dot com at major ski resorts would probably get their attention

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**Whiteroom_Guardian** · 11-05-2019, 11:21 AM

Originally Posted by The Artist Formerly Known as Leavenworth Skier

Human skin looks so bizarre on a lizard body.

My thoughts exactly lol.

**cravenmorhead** · 11-05-2019, 01:39 PM

Just a minor plug, but I've generally been impressed with the reporting done by the CO Sun.

**JerseyDave** · 11-05-2019, 03:27 PM

OK, so telemark is dead, and people have only ever made fun of Marquettes as silly plastic clown shoes....SUDDENLY...this is a major crisis to the sporty well -off crowd? Boycott Isreal. Boycott Fossil Fuels. I love my Marquettes, might ski 'em on Friday on snowy grass, still....I can't find a fuck to give about trademark lawsuits in this world of ours. Ridiculousness abounds.

**doebedoe** · 11-05-2019, 03:34 PM

^^ That there is some solid whataboutism.

Hope you never get fucked over by people who try to kill your livelihood just because they have more money.

**smartyiak** · 11-05-2019, 03:35 PM

Originally Posted by DaveVt

OK, so telemark is dead, and people have only ever made fun of Marquettes as silly plastic clown shoes....SUDDENLY...this is a major crisis to the sporty well -off crowd? Boycott Isreal. Boycott Fossil Fuels. I love my Marquettes, might ski 'em on Friday on snowy grass, still....I can't find a fuck to give about trademark lawsuits in this world of ours. Ridiculousness abounds.

You know, you can care about more than one thing. And you can boycott most things.