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Backcountry.com sues anyone who uses its namesake (coloradosun.com)

492 points by NorthOf33rd · 2536 days ago · 350 comments on HN

Article summary

Backcountry.com, an online retailer, has filed lawsuits against small businesses using the word 'backcountry' in their names, claiming trademark infringement. The company has been actively trying to protect its trademark, filing dozens of lawsuits and protests with the U.S. Patent and Trade Office. Some small business owners argue that the term 'backcountry' is too generic to be trademarked, while others have settled or changed their names to avoid legal battles. The issue has sparked debate about the use of generic terms in trademarks and the impact on small businesses.

Main themes

  • trademark law
  • small business protection
  • corporate bullying
  • generic terms
  • outdoor recreation
  • intellectual property
  • legislative action

What commenters say

  • The use of generic terms like 'backcountry' should not be allowed in trademarks as it can confuse consumers and harm other businesses.
  • The company's aggressive defense of its trademark is seen as bullying by some, while others view it as a necessary business strategy.
  • A 'loser pays' civil court system could help deter frivolous lawsuits and protect small businesses from being taken advantage of.
  • The term 'backcountry' has been in use for decades to describe outdoor recreation areas, and it is not unique to the company.
  • Allowing trademarks for common words and descriptive terms can harm consumers and stifle competition.
  • Some argue that the company's actions are a result of the current legal system, which prioritizes the interests of large corporations over small businesses.
  • The issue highlights the need for legislative action to address the use of generic terms in trademarks and protect small businesses.
  • The company's actions may be seen as a form of trademark abuse, and could ultimately harm its reputation and relationships with customers.