Backcountry.com Suspends All Legal Actions & Publishes Apology Letter From CEO
Last week, we reported that consumers were expressing frustration with online outdoor retailer Backcountry.com on social media after The Colorado Sun broke the news that the e-commerce retailer has been taking legal action against small business owners who use the word “backcountry" as part of their name.
In a follow-up interview with The Colorado Sun, Backcountry.com CEO Jonathan Neilsen said that they have fired all the attorneys from trademark-only law firm IPLA, and, while not immediately dropping the lawsuits, they are suspending all legal actions. They are also partnering with small business owner David Ollila to help grow his Marquette Backcountry Ski brand and hiring Ollila as a consultant to help turn the PR nightmare into a way to help grow small businesses in the outdoor industry.
Neilsen told The Colorado Sun, “What we found when we sat down with David is that we can sit down and talk about this and work something out that works for everyone, and I’m hopeful that we can do that with all the parties that we have spoken to.”
Backcountry.com has published this letter apologizing:
 | Dear Backcountry Community, We have heard your feedback and concerns, and understand we fumbled in how we pursued trademark claims recently. We made a mistake. In an attempt to protect the brand we have been building for nearly 25 years, we took certain actions that we now recognize were not consistent with our values, and we truly apologize. It’s important to note that we tried to resolve these trademark situations amicably and respectfully, and we only took legal action as a last resort. That said, we know we mishandled this, and we are withdrawing the Marquette Backcountry action. We will also reexamine our broader approach to trademarks to ensure we are treating others in a way that is consistent with the culture and values envisioned by our founders and embraced by our community. We only want what’s best for the whole community and we want every person and business in it to thrive. Backcountry has never been interested in owning the word “backcountry” or completely preventing anyone else from using it. But we clearly misjudged the impact of our actions. We understand that this step we’ve taken may not be enough for some of you. The hope is that we can ultimately win back your trust, even if it takes time. We are grateful to be a part of your lives, providing you with great gear for your outdoor adventures, and all we want is to go back to doing what we do best. We intend to learn from this and become a better company. Sincerely, Jonathan Nielsen, CEO |
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(I've got no skin in the game here. I've never purchased anything from backcountry.com, and likely won't, regardless of this case.)
Backcountry.com: "Hey Marquette. You better change your name because we want to own the word Backcountry"
Marquette Backcountry: "You're a corporate bully. Why don't you guys kindly F**K off?"
Backcountry.com: "What? You're not gonna bend over and give us what we want?!?! That's not very "amicable". Get ready to hear from our high dollar legal team!! "
Oh wait...squirrel.
My favourite passage:
"And second, screw you for using the language of “last resort” — you were not forced to resort to anything here. You were not being harmed, you were not the target of malicious activity, and we are smart enough to know this. You have convinced none of us, and you insult all of us with your “last resort” language. We call bullshit."
Selling shit to make money, that's your values. Plus all that toxic legal shit you tried to pull, went well didn't it?
Frankly Backcountry.com totally should have a trademark on the word Backcountry when used as a URL ending in .com, but not for any usage in a company name. Overstock.com shouldn't be able to sue Granny's Overstock and Liquidation Center over trademark infringement.
For TNF,
@Pedro404: A bit of history in review, Cannondale trademarked the term "Freeride" back in 1997-1998, forcing the small group of Freeride pioneers to change their names to "Frorider's" in a silly response to the silly trademark.
Specialized Bikes trademarked the terms "Epic" & "Roubaix" (to name a few) forcing small businesses to change their brand names. Big Roubaix story hit around 2013 and is very similar to this Backcountry outrage.
www.theoutbound.com/kylefrost/the-backcountry-com-debacle-isn-t-really-about-trademarks?
When it comes to something like Apple no one gives a shit because no one has their own local cell phone or computer manufacturer they feel like they need to protect.
The real mystery is how are two Yetis ok?
I wouldn't say the Roubaix one is comparable, since it's a small region and associated with biking, while backcountry is literally everywhere and not limited to biking. Epic and freeride I definitely consider to be on the same dumb scale as the backcountry one.
Specialized however blamed the lawsuits on an overzealous law firm that was handling the trademarks for them (which may or may not be bullshit, I'll give them the benefit of doubt).
How did the Cannondale situation pan out?
"We only want what’s best for the whole community and we want every person and business in it to thrive. Backcountry has never been interested in owning the word “backcountry” or completely preventing anyone else from using it"
Cause suing small businesses is good for them, and they to show people that you want them to use the word backcountry and that you dont want to own it is to try and bully them into changing their name and then suing them for no caving ....
― Ralph Waldo Emerson
1. USPTO - for issuing the trademark in the first place.
2. The law firm representing backcountry. Holding a trademark entails an obligation to police that mark (stopping others from using that mark). A failure to do so could result in losing the mark. Law firms are usually given broad leeway to police marks but tend to go overboard and in a tight-knit community such an approach creates consumer backlash. In scenarios where the likelihood of TM confusion is weak the legal team should factor negative consumer perception into the decision to undertake policing action.
Not the first time this has gone bad for a policing brand in the action sports industry. Scott Sports (Great Scott! skis, also a Back to the Future line), Specialized etc. have all done similar things in the past and been bit.
- Smash it in the floor
- Say you're sorry
Does it make it all better !? Is it fixed now !?
/ˈbo͝olē/
Learn to pronounce
verb
gerund or present participle: bullying
seek to harm, intimidate, or coerce (someone perceived as vulnerable).
Backcountry's actions are the definition of being a bully. They targeted smaller vulnerable stores/organizations and left larger companies unharmed. They knew what they were getting into when they hired IPLA to represent them.
F off Backcountry.
It has come to our attention that your attempt at an apology was an "Epic" failure. Unfortunately we own all rights to the word "Epic" and intend to vigorously defend that trademark. See you in court.
Sincerely,
Big S Legal Department
www.youtube.com/watch?v=UN8bJb8biZU
Unsubscribe to Backcountry and Competitive Cyclist is the best way to keep the big guy suing the little guys.
the interesting part of this article being on pinkbike is that skiing vs. MTB...I'd say skiing could require less overall consumption, just due to the lesser mechanical nature of the equipment and replacement factor of disposable products.
seems silly for mountain bikers to get fired up about a massive retailer behaving like a massive retailer, and then "protest" by going over to jenson the same day to use their 20% coupon to buy a set of new tires "just in case."
I wonder how many cancelled Yeti orders that caused...
Your greed has gotten the better of you. Get thef@ck out of our Backcountry you are no longer part of this community.
Everyone reads : "We made a [f***ing] stupid decision."
And to top if off google put a red line under "backcountry"
However, reading your original post above, it appears that you were attempting to make an argument in support of BDDC and their investor overlords. I'm not a fan, but like it or not, "Keyboard warriors" are a part of the landscape. Relative to public sentiment, what used to take months/years, now takes days/hours to coalesce and solidify. The current and developing landscape requires a far more thoughtful and nuanced approach from business leaders and PR professionals. Now more than ever the notion that "everything is brand" is critical, from top-level edicts down to the smallest ideas backed by actions.
You can complain about people being vocal behind a keyboard, but this is part of our reality now. Proactive leaders will be considering this when making choices that have any potential to be public-facing.