Backcountry is descriptive, which makes it a weak trademark. One defendant tried to claim they were in a different category. Why not claim the word is descriptive and argue to invalidate their use of the mark.
"The term ‘backcountry’ is widely used by retailers and consumers to describe products and services to be used in remote, sparsely inhabited, rural areas,” Branch wrote in his counterclaim petition for cancellation, calling backcountry a “generic” term."
It's probably much easier to just say "oh that doesn't apply to us because we're in a different category" than to fight the validity of it in the first place.
Trademarks are granted in specific categories. Wendy's restaurant can have a trademark on "Wendy's" (the rendering of the name in a specific font, the pigtailed girl logo - these are different trademarks than the word mark using "Wendy's"), and Wendy's craft supplies can also have a trademark. Pretty straightforward defense when the hamburger company gets annoying; hard to argue that pins-and-needles can be confused with hamburgers.
But I see your point. I do wonder if any of these defendants have added 'the term is descriptive, and therefore indefensible' to their defense.
Trademarks are granted in specific categories for instance there are at least three large companies using the name delta, airline, electronics, and faucet company.
