Backcountry.com's motivation seems to be that they've started to sell "Backcountry"-branded goods, and they're trying to claim trademark protection for that usage. Here's some more detail:
- Currently, Backcountry.com owns a trademark to the word "Backcountry", but only for retail services. So if you tried to open an on-line store called "Bakckountry.com", say, they'd have a strong case against you.
- However, Backcountry.com is now expanding into sales of Backcountry-branded clothing and outdoor equipment. Their existing trademark doesn't extend to this usage, so in 2018 they applied for an additional trademark covering a wide range of outdoor goods.
- The US Patent & Trademark Office (USPTO) rejected that application on the grounds that "backcountry" is a generic, descriptive term. USPTO also mentioned the likelihood of confusion with an existing trademark held by Snapperhead Inventions for the Marquette Backcountry Ski.
- Backcountry.com then applied to USPTO to cancel Snapperhead's trademark. USPTO rejected that application.
- Backcountry.com has now filed civil suit in California in an attempt to force Snapperhead to give up their trademark.
In summary, this is hardly seems to be a case of Backcountry.com protecting its existing trademark. Rather, Backcountry.com is pressuring other firms with similar trademarks of their own to give them up so that Backcountry.com can expand its trademark rights.
- Currently, Backcountry.com owns a trademark to the word "Backcountry", but only for retail services. So if you tried to open an on-line store called "Bakckountry.com", say, they'd have a strong case against you.
- However, Backcountry.com is now expanding into sales of Backcountry-branded clothing and outdoor equipment. Their existing trademark doesn't extend to this usage, so in 2018 they applied for an additional trademark covering a wide range of outdoor goods.
- The US Patent & Trademark Office (USPTO) rejected that application on the grounds that "backcountry" is a generic, descriptive term. USPTO also mentioned the likelihood of confusion with an existing trademark held by Snapperhead Inventions for the Marquette Backcountry Ski.
- Backcountry.com then applied to USPTO to cancel Snapperhead's trademark. USPTO rejected that application.
- Backcountry.com has now filed civil suit in California in an attempt to force Snapperhead to give up their trademark.
In summary, this is hardly seems to be a case of Backcountry.com protecting its existing trademark. Rather, Backcountry.com is pressuring other firms with similar trademarks of their own to give them up so that Backcountry.com can expand its trademark rights.