In 2012, Tyson Stellrecht started an outdoor gear shop specializing in used gear that he called Backcountry Pursuit, in Boise, Idaho. He chose the name specifically because “backcountry” evoked excitement; it was both descriptive and aspirational. A little bit of brainstorming resulted in the store’s full name and tagline—Backcountry Pursuits: Consignments. Advice. Adventure. For five years the store built a small following attracted to the idea of quality used gear, and Backcountry Pursuit grew, adding a second location and swelling the payroll to six employees. In 2017, Stellrecht decided to try to trademark the name, Backcountry Pursuit.
That’s when he first heard from Backcountry.com’s corporate office.
During a 30-day public comment period as part of the trademark application process, Backcountry.com filed an opposition to Stellrecht’s trademark claim. Suddenly, the small used gear company was up against the legal muscle of an online megastore.
“I was surprised,” Stellrecht says. Though he admits when he first decided to use the name Backcountry Pursuit he wondered for a moment if Backcountry.com would ever have an issue with the name, Stellrecht figured the word backcountry was pretty ubiquitous. Nor did he think Backcountry.com could possibly view his operation as real competition. “We were just a used gear store in Idaho with no web presence,” he explains. “Plus, I guarantee people were taking the money they were making selling their gear through us on consignment and spending it on new gear at Backcountry.com.”
But as the outdoor world has seen in recent weeks, Backcountry.com took notice of dozens of outdoor businesses that used backcountry as part of their name. Sometimes Backcountry.com went as far as suing those businesses, some of which weren’t retailers at all, but guide services, or enthusiast group organizations.
Those legal actions and protests with the US Patent and Trade Office drew a wave of criticism across the outdoor community, including social media campaigns urging a boycott of Backcountry.com with tens of thousands of followers. In the wake of the uproar, Backcountry.com fired the law firm that filed the suits, and CEO Jonathan Nielsen wrote a public letter apologizing for the lawsuits. Many outdoor enthusiasts felt Nielsen’s apology rang hollow. Going even further, Backcountry.com next dropped lawsuits and even began partnering with a few of the brands they’d targeted for trademark violation.
Which brings us back to Stellrecht. His company wasn’t sued by Backcountry, but his own lawyers advised him to find a new name. There was no way he’d be able to outmaneuver Backcountry.com or afford the legal fees it would take to mount a sufficient defense. So, he rebranded his business to Boise Gear Collective. It was painful. Stellrecht had to close a store he’d opened in nearby Eagle, Idaho, that he didn’t think could survive the rebrand. Customers thought Stellrecht had sold out to a different, perhaps bigger gear store. Every aspect of the business had to be changed, from the website and logos, to bank accounts, legal names, existing contracts with consignors—everything. It was hugely expensive. Stellrecht was upset, but he moved on.
Then, a phone call from Nielsen in recent weeks. Out of the blue. Nielsen personally called Stellrecht and said he wanted to chat. “He said he wanted to come up and meet with me,” Stellrecht says. “He came up the very next day.”
Stellrecht says he was immediately surprised by Nielsen’s demeanor. “He was genuinely sorry about how everything went down. Nielsen doesn’t strike me as a normal CEO,” he says.
To make up for the forced rebranding, the labor it took, the loss of revenue, and the stress Stellrecht experienced, Nielsen offered a fig leaf. Did Stellrecht want to partner with Backcountry.com to sell their used gear in his store? Nielsen wondered. Stellrecht did. Starting in the next few weeks, Stellrecht will make periodic trips to Backcountry.com’s HQ to pick up items customers have returned to be sold as used gear in his stores. Backcountry will sell the gear on consignment, just like anybody else.
“Nielsen clearly didn’t want to just cut me a check, to go out and throw money around to fix this,” Stellrecht says.
I asked Stellrecht if he’d rather that Nielsen and the Backcountry.com C-suite had just let him keep the name Backcountry Pursuit to begin with. But no, he’s quite happy with this arrangement.
“I like this option a lot better,” he says. “It’s way more than I expected them to do.”
This move from Backcountry is part of a broader plan to rebuild trust in a brand that badly burned bridges over these lawsuits. Backcountry.com also decided to partner with David Ollila, founder of Marquette Backcountry Ski, one of the most outspoken litigants in the trademark saga, a man who vowed to risk everything fighting for his brand. Backcountry.com will reportedly bring Ollila’s skis into their online space. Backcountry.com is also helping support Backcountry Babes, another organization they sued.
Stellrecht, for his part, is sanguine about the experience. “I also know I was very angry when all this was going on, but as time has gone on, it is just another thing I have overcome as a small business owner.” He penned a letter to not only his customers but to the entire outdoor community in an uproar over the lawsuits. You can read that, here.
Sorry, “Backcountry”. Once bitten, twice shy. (for me–imo)
Well, as a Scrape the goat supporter I have been deleting all Backcountry ads and emails. And I will continue to do so through this holiday season just to hammer down the point.
But if we point out a wrong and someone makes an honest effort to fix things, I believe in giving a second chance. The idea is to change behavior, not punish people. Apres holidays, I will give them another chance.
Thanks for this update article.
I had bailed on Backcountry, but I will now re-consider.
I think their actions are too late for some companies. Backcountry Denim, now BD Co, seems to be completely out of business. Their jeans cannot he ordered and emails sent to them get bounced back as undeliverable.
I’ll just keep shopping at my local REI
Last I checked most of the lawsuits were ongoing. Forget Backcountry. There are deals just as good with 100s more online retailers, or better yet, support a local business.
CEO’s get where they are by being very good at manipulating human emotions. I have deleted all my Backcountry.com accounts, I have spread the word about their ruthless handling of small mom and pop shops, and will not forgive or forget. ” The secret to life is sincerity, and once you can take that, success is easy.”. This mindset has to change in corporate America, All these folks that are ready to ‘give em a second chance’….. just remember, if they are doing business like this in the open, what are they doing behind closed doors? I say let them sink. They are not fit to be apart of this community. Climber of 26 years, backpacker for 34. Outdoor educator and lifelong outdoor enthusiast.
I TOTALLY AGREE WITH YOU! I’ve been a backcountry.com customer for years, but now that i know what they’ve done all due to their corporate greed, like most corporations in this country. I will no longer support them in any form or fashion.
I had put new stickers over my goat stickers as well as unfollowed Backcountry on social media.
This article makes it seem as if the CEO is trying his best to right some wrongs and although I won’t, at this point, purchase anything through their website, I will keep myself abreast of how they continue to handle themselves moving forward. I’m all about second chances but it feels too soon.
What all this has shown me is that backcountry.com is just another company. it’s great that they’re trying to right their wrongs, and I support that completely.
Where they really messed up though, is the damage that they’ve done to their brand with their core outdoor consumer base.
Good luck convincing the ski bum or dirtbag climber in your life to wear a backcountry.com branded jacket, for example. In one fell swoop, they have become deeply uncool and this will take years to repair, if at all.
I was in the BC warehouse yesterday and it’s busy AF. All this boycotting is like pissing in a dark suit…it gives you a warm feeling but nobody notices…
Why is it important that anyone else notices? At the end of the day, my feeling good about my actions is a win, anyone else noticing or caring is completely irrelevant (oh, pardon me #influencer). I will gladly pay a little more to support local.
Well said Joe. YOU are their target consumer. Doing life to be noticed and not for the integrity. I’m with you MK and at the end of the day it all matters. Don’t ever let that shallow voice of doesn’t matter gain more momentum. It’s too common these days and way too toxic. What we all do matters. Even more so when “nobody notices”. Because eventually “everyone notices”. Integrity is made in the moments where no one is around or no one is watching.
I’m fairly certain you both missed the point…Backcountry.com = “no one notices”…and you missed the “busy AF” comment about the workload at BC.
I’m no #influencer…..boycott all you want. Just boycott all the gear manufacturers too because if you’re not making all your own gear/clothes/bikes/skis/etc to ‘get outside’…you’re just as much a part of the problem (BIGGER PICTURE PROBLEM) as I am…the only difference, is I own my sins. But I realize that it’s hard to be perfect like me…
I’m a former good BCDC customer. I’ve watched all of their tactics since they were caught. I’m quite positive there are BCDC influencers among these commenters. They are slick and sound so reasonable but in the end always advocate giving BCDC the second chance that BCDC never gave the people they, so cruelly, drove out of business. At least my money won’t be going to these particular private equity a-holes.
It remains patently offensive, no pun intended, that the word backcountry i s still trademarked. Deeply uncool, indeed. The backcountry is my church and to denigrate it this way sickens me. If I see people wear their Bro gear I won’t hesitate to let them know where their money I going.
One problem I see is we are all hypocrites to some degree. We now decide to boycott BC because of their legal tactics when in fact we should have investigated them before we ever spent a dollar there and would have seen they are PE backed, and found that really means they don’t give two sh!ts about the core community and are only in existence to make a few at the top rich. Period. If we really were true to our core values, we’d meticulously comb through the brands at even our core local shops and see most are not sound in practice and are really large corporations out to do just as BC, make a buck. Once we pared down to the few really “true” brands, maybe Patagonia, the still small dirtbag manufacturer, etc. we’d find there isn’t enough to go around and support even probably half the local shops. The internet has allowed us to really become vocal warriors on injustice and created a hashtag culture. This is true across a lot of areas of day to day life. Don’t spend your money at BC, it’s a start, feel good about your choice, it is your “vote” on the matter, just don’t fool yourself that you are making some huge difference. We are. as a whole, a huge consumer culture and BC will do just fine. The shareholders return might dip a bit this month do to all the rage, but they’ll be fine once we move to the next big travesty. There are not enough souls out there anymore who are pure in their motives and consumer habits. It isn’t your fault, it’s a depressing tale but we are way too far gone. We barely find our way past the stack of Amazon boxes in the driveway to make it to the trailhead anymore.
Well said….