What Would You Do? Backcountry’s Corporate Bullying of Small Business Owners

If you’re a skier or outdoor enthusiast, you may have heard about what the company Backcountry has been up to lately. If you don’t know of them, they are a big retail sales company that sells gear for – you guessed it – the kind of people who would go do things in “the backcountry.”

Skiing, hiking, biking, camping – all the outdoorsy things.

And, of course, they sell all the feel-good brands (Prana, Patagonia, The North Face – stuff you can buy (and you’ll see why you should buy) elsewhere).

Backcountry is known for its cute little mountain goat logo. They used to send a sticker out with any order. I have some of those stickers. I'm not going to share it with you, however, because I, myself, prefer not to be defending an action from them.

I liked them.

Until I learned what they're up to these days.

They decided in what can only be described as a draconian corporate policy to file infringement lawsuits against multiple small business owners for use of the term…

“Backcountry.”

Seriously.

When it comes to trademark infringement, one of the biggest issues is whether consumers will be confused as to the source of the goods being sold. So people don’t think they’re buying stuff from Backcountry, expecting their customer service, quality goods, or whatever when they’re really buying from a place called Backcounty, who sells off-label seconds and never answers the customer service line.

It’s designed in part to keep sketchy businesses like that from duping consumers and taking business away from someone else’s established business.

And Backcountry has evidently begun rolling out its own line of “backcountry” clothing.

Which has led them to think that means they can stop anybody anywhere from using the term “backcountry” for anything else.

Even though the backcountry is… well, the backcountry.

Included in the groups sued is a women’s avalanche training group called “Backcountry Babes.”

Yeah, I would totally have been confused there.

Backcountry is a term that is so generic and widely used, it is hard to understand why this company thinks it is entitled – and that’s the key here, the sense of entitlement that oozes from these actions – to stop others from using the word.

Which is exactly what it is. A word.

As one retailer commented, it’s like trying to trademark the words “road” or “mountain.”

I view it as if Amazon were to stop anyone from calling anything else Amazonian – women, rainforest-y things, toads, whatever. That would just be absurd, right?

Or if Apple tried to keep anyone from using the word apple in any context. Their trademark is limited to the use of Apple with its iconic logo. They can’t keep people from using the word apple.

Backcountry is suing not just “Backcountry Babes,” but also other business owners. As of the day of this article, there are over 50 pending actions with the US Patent and Trademark Office. And there are more pending in court, including one against an entrepreneur from Michigan who made a short ski for climbing snowy hills called the “Marquette Backcountry Ski.” He makes them himself.

Backcountry claims he is intentionally infringing because he has bought and sold things on their site. (This fellow has also pioneered a Flint, MI initiative to pair innovative students and entrepreneurs to test the viability of ideas).

Now, this infringement action strategy isn’t because people are using the company’s cute little mountain goat logo. That? Would be understandable.

This is something more insidious and nefarious.

It’s about another big corporation claiming ownership of things we can’t (and shouldn’t) truly own.

So, when it comes to doing business, you have a choice.

Do you sue the little guys? The educational groups, the entrepreneurs using a word more common with your customers than “freeway?”

Or do you choose better? Because the choice is always yours.

And if you're wondering what's happening with the lawsuits? A lot have settled on confidential terms. But the big news is the massive boycott of Backcountry. I hope the message is heard loud and clear.... America has had enough of corporate bullying.