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Tony Gill

Tony Gill is the outdoor and Park City editor for Salt Lake Magazine and previously toiled as editor-in-chief of Telemark Skier Magazine. Most of his time ignoring emails is spent aboard an under-geared single-speed on the trails above his home.

Jan 15
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Park City Braces for Sundance Traffic & Releases Community Guide

By Arts & Culture

Bright red banners are going up all over Park City demarcating temporary Sundance Film Festival theaters from the libraries, temples, health clubs and other assorted businesses that typically fill spaces in town. Buzz surrounding highly anticipated film premieres and breakout movie stars is permeating the streets. Airbnb prices are reaching astronomical heights. Sundance 2020—which kicks off next week on January 23—is fast approaching, and the Park City community is bracing for its impact, which includes the always maddening Sundance traffic.

The annual transformation of Park City from quaint mountain town to Hollywood in the Hills brings a vital surge in national interest, visitors and revenue, but is also accompanied by headaches for residents, employees and visitors as they try to go about their day to day business. In preparation for the event, City Hall has released its Rules of the Road for permitting processes surrounding the festival as well as its Community Guide to help locals and tourists navigate town with traffic, transportation, parking and rideshare information.

Gridlock envelops Park City like clockwork each year during Sundance, usually on Thursday afternoon as the festival commences. Intersections and merges along S.R. 224, S.R. 248, Deer Valley Drive and Bonanza Drive turn into ostensible parking lots as commuters and skiers encounter vehicles filled with film buffs and corporate raiding parties—many of whom wouldn’t be categorized as great winter drivers. A severe dearth of parking only exacerbates Sundance traffic as two-wheel drive rental cars spin their wheels while fruitlessly circling for a place park or at least unload their passengers. Parking is expensive and impractical, so I won’t even get into explaining the few options, viable only for those who have vast fortunes stashed offshore.

In the Community Guide city officials implore as many people as possible to eschew driving in favor of riding busses, walking and carpooling. Like most appeals to peoples’ better angels, their pleas will be largely unheeded. For those willing to be part of the solution, the City enhances the already robust bus system with a Sundance Line that loops between theaters and is staffed with volunteers who seem shockingly content to stand half frozen in the snow and answer the same question to confused travelers all day. Skip out on the frustration by checking out Park City’s Transit App for complete maps and real-time information about all your transportation needs.

Ridesharing is better than driving into town, though with the recent kerfuffle surrounding confusion, ticketing and incompetence in the newly mandated drop-and-load zones, I’d recommend sticking to the extraordinarily convenient, and free, mass transit. Who knows, maybe you’ll overhear a film recommendation about an indie flick you’d have otherwise ignored or, heaven forbid, even strike up conversation with a stranger.

See all our community coverage here.

Jan 09
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No Argument. Utah Really Does Have the Greatest Snow on Earth.

By Adventures, Outdoors

I skipped an entire day of work yesterday. I didn’t mean to, but the skiing was just too good to head back inside and slouch in front of a computer screen. It was hammering fluffy, Utah powder and a couple of quick runs soon bled into a full day of lapping my favorite lifts. What was so special about this particular day? Nothing. It was a random Wednesday in early January in what’s been an exceedingly typical season in Utah that won’t even register on the post-season tall tales meter. The unremarkable remarkableness of January 8 was a perfect encapsulation of “The Greatest Snow on Earth” and was the catalyst that compelled me to take to the keyboard in defense of the Beehive State’s place atop the snow podium.

Our cross-border colleagues at 5280 hemmed and hawed about whether Utah or Colorado has better snow in a recent piece and—bless their hearts—tried to opine on how Colorado snow could kinda, sorta, maybe be on par with Utah snow. The primary evidence cited consisted of a 2018 tweet from Steamboat referring to their trademark Champagne Powder™ and a mention of how their resorts are higher in elevation and thus have a longer ski season. Naming your snow after a regional bubbly grape drink that nobody really likes unless they’re bordering on a New Year’s Eve loss of consciousness or working off a possibly-related hangover by mixing it with orange juice the next morning? Elucidating upon the merits of enjoying oxygen-depleted, wind-scoured dust on crust all winter just to brave a few extra early fall and late spring days on the white ribbon of death? That’s what we’re working with? Sheesh.

To author Shauna Farnell’s credit, she’s a wonderful and far more accomplished writer than I, and she did the best with the available evidence at hand. Defense attorneys are compelled to act on behalf of even their most doomed clients after all. Calling on witnesses like University of Utah professor atmospheric science Jim Steenburgh—who said, “There really is no argument,”—and OpenSnow forecasters Joel Gratz and Evan Thayer didn’t help Colorado’s cause. Consulting Z Rankings mind-numbingly meticulous and empirically sourced quantitative snow rankings—Alta, Snowbird and Brighton hold the top three spots for Total Snow Score in North America—effectively closed the case. Utah gets more snow, of higher quality, more consistently than Colorado. When it comes to snow, Utah simply has the best. Full stop.

Turning to 5280’s red herrings about what one should prioritize in skiing—e.g., steepness, crowds, weather, time of the season, etc.—they unearth some valid points. Indeed, traffic in the Cottonwood Canyons occasionally approaches I-70 levels of gridlock, and Utah’s myriad quirks undoubtedly don’t appeal to everyone. Colorado is a beautiful state with marvelous skiing and fabulous people. Just don’t bring up snow around Utahns. We get a little defensive. When you come at the king, you best not miss.

Related Article: Explore the Science Behind the Greatest Snow on Earth

Jan 02
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The Rent is Too Damn High

By City Watch

The thud of the ball against boards and the subsequent clatter of scattering pins is a familiar soundtrack. From the birthday parties of our wistful youth to the Lebowski-esque escapism of adulthood, the bowling alley has served as the quotidian cultural center of our communities. For the past decade Jupiter Bowl’s been that hub in Park City. But after it shuttered its doors last fall in the face of rising rent costs, there’s a void in town.   

“We all bowled as kids. Our parents bowled. Our parents’ parents bowled. It’s just what we did,” says Amy Baker, owner of Jupiter Bowl. “We thought Jupiter Bowl would be really valuable to the community. We would have been happy just to break even. And if we could have, we would have stayed open forever.”

Baker and her partners ran Jupiter Bowl at a loss for 10 years. The third rent hike proved too much, costing Park City a locally owned and operated institution.

The closure contributes to growing anxiety about a cost-driven transformation in Park City that’s threatening the viability of local businesses. A fickle, seasonally dependent resort market is difficult enough, especially when combined with some of the highest lease prices in the state.

“There’s still a small full-time community here, so we rely on three big weeks a year in wintertime. You just can’t survive on that,” Baker says. Baker declined to disclose exact figures, but based on the going rates in Park City, the costs to run the 23,000 square-foot bowling alley, restaurant and entertainment center were likely astronomical.

“Park City is essentially divided into four commercial pods: Main Street, Prospector, Kimball Junction and Silver Creek,” Katie Wilking Clinard, Park City Commercial Division Director for Cushman Wakefield, said. “In all those areas, costs are still going up, though it’s held relatively steady for the past 12 months. People want to be here and there’s lack of vacancy. It doesn’t look like that’s going to change.”

Wilking Clinard provided us with approximate triple net lease fees (NNN) for each of Park City’s commercial pods, which are the annual, per-square-foot costs for rent, utilities, taxes, building insurance and maintenance a tenant agrees to pay. NNN Fees are $65-75 along Main Street, $20-30 in Prospector, $24-29 in Kimball Junction and $17-21 in Silver Creek. Add to that increasing employee costs required to remain competitive in Park City—with its dearth of affordable housing and largely commuter-based workforce—and you begin to understand the difficult calculus business owners are faced with in Park City.

Average Retail Space Cost Per Square Foot:

Salt Lake City

$25.23

vs.

Main Street, Park City:

$70

Average Monthly Cost for 2,500 Square Foot Retail Space:

Salt Lake City:

$5,416

vs.

Main Street, Park City:

$14,583

Average Retail Sales Associate Hourly Pay Rate:

Salt Lake City:

$11.41

vs.

Park City:

$17.56

 

Some Park City businesses get creative to stay ahead. On Main Street, Prospect—a clothing store—Billy’s Barber Shop and Pink Elephant Coffee have created a thriving co-working space in one building. It helps to split costs, and walk-in customers for each separate business complement the other tenants. Other businesses have moved operations to the Salt Lake Valley where costs are lower. Park City Brewery recently moved their production to a shared facility in South Salt Lake with Shades Brewing, which also used to brew in Park City. Park City Brewery, however, is opening a new taproom in Kimball Junction to maintain a presence in Summit County. Boutique bamboo ski pole manufacturer Soul Poles moved out of their facility on Munchkin Road last summer. Though rent prices in that specific area were substantially lower than other areas, the location was not a long-term solution as that property is being bulldozed along with several others in April as part of the upcoming Park City Arts and Culture District.

A town inundated with single-branded shops like Patagonia, The North Face and Lululemon looks like any other. “If all we have are chain stores, you can get everything online. There’s no reason to come to town, and you risk losing all our local charm,” Wilking Clinard says.

A born-and-bred Park City local, she stresses it’s not all doom and gloom. “Communication between parties to find creative solutions that work for everyone is vital. Whether that’s creating unique payment schedules or helping arrange co-working spaces, I’m proud to help keep a local identity in Park City.”

The city hasn’t sat idly by either. In 2017 the City Council passed an amendment which capped the number of chain stores in the immediate Main Street area. Mayor at the time Jack Thomas espoused the need to “balance business and authenticity” in Park City, which is more important than ever as growth and development continue. High commercial rent prices in Park City aren’t going anywhere. The city is doing what it can. Commercial real estate experts like Wilking Clinard are chipping in too. What can we do? It’s simple. Vote with our wallets and support the local businesses that lend Park City its identity.

For more articles on Park City, click here.

Jan 02
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Surviving Sundance

By Arts & Culture

Unless you happen to be tight with some influential key grip’s nephew, it can be difficult to navigate the Sundance Film Festival. Without those sweet, sweet insider hookups, you’ll likely be stuck in line outside the exclusive screenings and hot, popup clubs Sundance is famous for. By following these tips, even those of us outside the Hollywood power vacuum can enjoy the spoils of Park City’s Biggest Little Film Festival.

What Do I Eat?

Let’s be blunt: Stay away from Main Street! Many restaurants in the center of the whirlwind are commandeered for private events. Others have waiting lines measured in eons. Either way, it’s likely your favorite spots may be verboten. Many great nearby options won’t be inundated, like Twisted Fern’s chic natural cuisine in the Snow Creek Shopping Center or Sammy’s Bistro’s high-class comfort food in Prospector. Even easier is to pick up some artisanal Italian food at Bartolos in Kimball Junction or elevated Mexican fare at Billy Blanco’s in Pinebrook before you head to the center of town.

Where Do I Drink?

$20 cover charges at dive bars are borderline offensive, especially when you can waltz in for free the other 50 weeks a year. Don’t succumb to temptation trying to rub elbows with big screen bigwigs. The Boneyard on SR 248 has the same idealized local/visitor melting pot vibe as its Main Street analog, No Name Saloon, and there’s a mirror image of O’Shucks Bar and Grill—schooners, peanuts and all—in Pinebrook that won’t be charging for entry. 

How Do I Get There?

Don’t drive into the heart of Sundance. The roads are a madhouse. The parking is exorbitantly expensive. Someone from L.A. who’s never driven in the snow is going to wreck your bumper with a rental car. Park City’s already robust bus system transforms into a well-oiled mass transit machine that leaves major metropolitan areas envious. Park at the new Ecker Hill park, take the frontage road west of Kimball Junction and enjoy the ride. The army of patient Sundance volunteers will help you get where you’re going with a smile on their faces.

What Movies Do I Watch?

Unless you bought a ticket package long before reading this article, you’re going to have to use the Sundance eWaitlist app to get your tickets. The app is pretty slick and it spares you from the tedious, freezing hellscape of in-person waiting lines of years past, but it’s still difficult to get into high-demand screenings. Shoot for late-night screenings—you’d be shocked how many Sundancers no-show after a few cocktails—or catch a film at the Festival’s excellent venues in Salt Lake City like the Tower Theatre at 9th and 9th or the Broadway on 300 South. 

For more articles on Sundance, click here.

Dec 11
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2020 Sundance Film Festival Lineup Unveiled

By Film, Sundance

The 2020 Sundance Film Festival Lineup has been announced. 118 feature-length films were selected by the programming team from a staggering 3,853 entries. That’s 32 films for each one that got into the festival, which will provide a massive spectrum of creative viewpoints on screen. Indeed, this is Sundance’s most diverse lineup to date, with accepted feature films representing 27 countries and including 44 first-time feature filmmakers. 46% of directors are women, 38% are people of color and 12% are LGBTQ+. “We believe diverse stories from independent artists around the world opens us up to new perspectives and possibilities at a time when fresh thinking and dialogue is urgently,” says Executive Director of Sundance Institute Keri Putnam.

Festival Director John Cooper is heading his eleventh and final Sundance Film festival, which he called “a celebration: of art and artists, yes, but also of the community that makes the annual pilgrimage to Park City to see the most exciting new work being made today.” In addition to helping usher in an expanded field of filmmakers in his last year, Cooper is trying to expand Q&A and panel discussions for select films to help audiences interact more deeply with the films they’re watching.

As usual, films in the 2020 Sundance Film Festival lineup portray a huge gamut of subject matter from a documentary about the tragic killing of Saudi journalist Jamal Khashoggi to a black comedy-drama called “Downhill” about a reflective family ski trip starring legendary comedic actors Will Ferrell and Julia Louis-Dreyfus. The subject matter of the latter film is sure to be a hit among the local crowd as well as those who are on their own ski trips to the Beehive State during Sundance.

The 2020 Sundance Film Festival will host screenings in Park City, Salt Lake City and at Sundance resort from January23 through February 2. A full lineup of films is available on Sundance’s website here. Browse the selections on tap and try to secure tickets for screenings that inspire you today.

See all our community coverage here.

Dec 05
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Utah Hosts Qualifier for Powder 8 World Championships

By Adventures, Outdoors

Utah has been selected for the U.S. qualifying events for the Mike Wiegele Helicopter Skiing Powder 8 World Championships this winter. Powderbird—the famed Utah heliskiing operation—will host a national championship qualifying event from January 22-24 and a world championship qualifying event at the U.S. Powder 8 National Championships from February 5-7. Thanks to its trademark Greatest Snow on Earth, the Wasatch Range is a natural fit and the perfect venue for a powder skiing competition that’s returning to prominence in 2020.

Photo Courtesy of Powderbird

A powder 8 competition is a synchronized freeride competition in which a pair of skiers make turns in unison down a powder-filled slope while attempting to leave perfectly uniform 8s in the snow. Powder 8 competitions were all the rage in the 80s and 90s after Mike Wiegele Helicopter Skiing launched the annual competition. Between the rise of the X Games and freeskiing’s inclusion in the Olympics, the powder 8 fell out of favor, relegated to anachronistic enthusiasts and people who grew up idolizing T.J Burke and Dexter Rutecki in Aspen Extreme. 2020’s World Championships look to resurrect the Powder 8s and return them to the glory of its heyday as the pinnacle of the freeskiing.

The Powder 8 Pre-Qualifiers will take place out of the Powderbird heliport at Snowbird from January 22-24, 2020. The one-day event will feature eight teams, which will be judged in a head to head competition. The top four teams will move on the Powder 8 U.S. Nationals, held between February 5-7 also out of Powderbird’s Snowbird location. The top teams from the U.S. Nationals will head to the Powder 8 World Championships in Blue River, British Columbia from March 31 through April 3. The two-day, 16-team event will see competitors from the United States, Switzerland, Germany, Austria and Canada.

For those of you who think you have what it takes to challenge for the Powder 8 crown, you can register for the pre-qualifiers at Snowbird by calling Powderbird at 801-341-2452. The cost for each team accepted into the pre-qualifiers is $500.

See all our outdoor coverage here.

Nov 21
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Updated Utah Ski Resort Opening Dates 2019-2020

By Adventures, Outdoors

After a promisingly frigid October yielded to serious November thaw, it’s finally snowing outside. With that unofficial reemergence of winter, comes the official beginning of ski season in the Beehive State. Brighton was first out of the gates, spinning their lifts for the public for the first time on Tuesday, November 19. Other resorts throughout the state have been diligently making snow while battling unseasonably warm temperatures and unfavorable preseason conditions to open their own White Ribbons of Death. Alas, after a cavalcade of adjustments and revisions, updated Utah ski resort opening dates have been announced and are quickly approaching.

Brighton is already open, Park City opens on Friday, November 22, and most of the remainder anticipate opening after Thanksgiving as conditions allow. Read on for complete Utah ski resort opening dates for the 2019/2020 season.

  • Alta: Anticipated opening date November 29.
  • Brighton Resort: First! Brighton opened on November 19
  • Cherry Peak Resort: Anticipated opening date for Cherry Peak is still TBD.
  • Deer Valley: Never one to be rushed into opening with a subpar product, Deer Valley will open on December 7.
  • Eagle Point Resort: Eagle Point won’t be opening until December 20, but conditions should be favorable with continued storms from the south.
  • Park City Mountain: For once Park City is beating Cottonwood resorts to the punch and opening on November 22. There isn’t much snow though, so terrain will be limited.
  • Powder Mountain: Anticipated opening Date for Powder Mountain is still TBD.
  • Snowbasin: Pre-Turkey Day Treat! Snowbasin will open on Wednesday, November 27.
  • Snowbird: Anticipated opening date is November 29.
  • Solitude Mountain Resort: Anticipated opening date is November 29.
  • Sundance Mountain Resort: Anticipated opening date is December 6.
  • Woodward Park City: Opening Day is still TBD. Staff is furiously working to open the new resort, but there remains lots to be done.
Nov 13
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Welcoming Schools Debate Embroils Park City Residents

By City Watch

In recent weeks Park City has erupted into debate over the limits of tolerance, free speech and the community responsibility to protect children from bullying. The catalyst of the imbroglio was the inclusion of a professional development curriculum for teachers at Trailside Elementary School called Welcoming Schools. The program is part of an anti-bullying campaign that aims to train elementary school teachers “to embrace family diversity, create LGBTQ and gender inclusive schools, prevent bias based bullying and support transgender and non-binary students,” according to the Welcoming Schools website. Such programs are unequivocally positives in our schools and there simply isn’t a good-faith argument to be made against providing teachers with the resources to combat bullying or any type. Some in Park City and Summit County, however, have seized upon the opportunity to create controversy in response to the program.

After Trailside principal Carolyn Synan announced of the Welcoming Schools program, a group of parents from Trailside anonymously sent an email calling it “an LGBTQ indoctrination program and sex education program funded by the Human Rights Campaign.” Three days later, Synan and Park City Superintendent Jill Gildea were served with a cease-and-desist letter from the Pacific Justice Institute on behalf of the anonymous Trailside parents opposed to Welcoming Schools. There are three important takeaways to unpack from these events.

First, Welcoming Schools is a teacher-training program aimed at preventing bullying, and is in no way, shape or form a sex education program for elementary school students. Assertions to the contrary are demonstrably false. Second, Welcoming Schools is part of the district’s Safe Schools Program, wherein some version of an anti-bullying campaign with state-provided training is state requirement. Welcoming Schools is not, as some would have you believe, overreach via a cabal of woke influencers. Third, the Pacific Justice Institute—which sent the cease-and-desist letters on behalf of the anonymous parents—is classified as an anti-LGBT hate group by the Southern Poverty Law Center.

At this point I’d be remiss in omitting the disclaimer that people are entitled to their own opinions and that healthy debate is welcome in our communities. The discourse around Welcoming Schools, however, has degraded with some attempting to “both sides” an issue in ways that aren’t intellectually honest. I’ll posit anyone using the term “LGBTQ indoctrination” in their argument is trading in bigoted tropes and specious reasoning. I’d also point out those hiding behind the maxims of free speech are ignoring that the First Amendment protects one from government persecution and does not render one immune to judgement or consequence in their private lives for espousing views that are intolerant or repugnant.

It’s a tale of two prevailing narratives surrounding Welcoming Schools in Park City. The first, backs the belief that providing teachers with the tools to combat anti-LGBTQ bullying unequivocally makes for a safer, more welcoming community. Park City Councilor Tim Henney is among those who have publicly voiced support for the program in an op-ed in the Park Record. The counter narrative concerns those who feel vilified for not supporting Welcoming Schools, a viewpoint articulated by Parkite Allison Cook in her own Park Record op-ed. Frankly, the latter is a tired argument about intolerance of intolerance being its own form of unredeemable intolerance. Pointing out prejudice is not, in fact, analogous to perpetuating said prejudice. The Paradox of Tolerance elucidates upon the dead ends of such logic for those interested in delving deeper.

Many Parkites are unsettled by the furor surrounding welcoming schools. A program aimed at eliminating bullying in elementary schools through teacher education is being twisted into a disingenuous argument about indoctrinating youth with “alternative” sex education. Park City may be a cultural outlier in Utah, but this isn’t an argument about freedom of expression or religion, as some assert. Welcoming Schools aims to create an environment where all students are treated safely with dignity and respect. Who among those wishing to end up on the right side of history can argue with that?

See all our community coverage here.

Nov 07
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Backcountry (.com) Responds to Public Pressure, Pledges to Rethink Trademark Lawsuits

By Adventures, Outdoors

After a significant public backlash following reporting that Backcountry (backcountry.com) was pursuing trademark infringement lawsuits against companies using the term “backcountry,” the Utah-based online retailer has posted a public statement from their CEO apologizing for taking “certain actions that we now recognize were not consistent with our values” and pledging to “reexamine our broader approach to trademarks to ensure we are treating others in a way that is consistent with the culture and values envisioned by our founders and embraced by our community.” In short, Backcountry is responding to pressure from their customer base, and at least somewhat are attempting to account for their actions.

A noteworthy development is that Backcountry will be dropping its lawsuit against Marquette Backcountry skis, in which they sought to overturn Marquette Backcountry’s 2010 trademark and secure fees that far exceeded the independent ski brand’s historical profit total. It shouldn’t be overlooked that the lawsuit against Marquette Backcountry included some pretty incendiary language requesting “punitive or exemplary damages … in an amount sufficient to punish and deter defendants and to make an example of them.”

Efforts to market “Backcountry” branded product like these climbing skins precipitated some of the trademark lawsuits.

While the full extent of what transpired between the two companies is unknown, the lawsuit’s language doesn’t seem to align with Backcountry CEO Jonathan Nielsen’s assertion the company “tried to resolve these trademark situations amicably and respectfully, and we only took legal action as a last resort.” While some will be appeased that Backcountry is relenting, their reformed outlook on the trademark issue is likely cold comfort to those like BDCo.—formerly Backcountry Denim Co.—and Backou eBikes—formerly Backcountry eBikes—which have already changed their names in the face of legal action.

Still, the statement from and moves by Backcountry are likely to be viewed as a victory for concerned consumers and outdoor community members over a company that had seemingly abandoned its founding values after being purchased by a private equity firm in 2015. It remains to be seen how Backcountry will navigate trademark issues going forward—especially with their ever-expanding house branded product lineup—and their week or so of relative silence in the face of public criticism will do little to quiet the feeling they acted only after it became clear the company’s bottom line was at risk. That’s a consistent byproduct of capitalism, however, and often the only cudgel consumers wield is the power to empty their wallets somewhere else. We’ll continue to update this story as it develops.

Read the full statement from Backcountry CEO John Nielsen below, and see all our outdoors coverage here.

“Dear Backcountry Community,

We have heard your feedback and concerns, and understand we fumbled in how we pursued trademark claims recently. We made a mistake.

In an attempt to protect the brand we have been building for nearly 25 years, we took certain actions that we now recognize were not consistent with our values, and we truly apologize.

It’s important to note that we tried to resolve these trademark situations amicably and respectfully, and we only took legal action as a last resort. That said, we know we mishandled this, and we are withdrawing the Marquette Backcountry action. We will also reexamine our broader approach to trademarks to ensure we are treating others in a way that is consistent with the culture and values envisioned by our founders and embraced by our community.

We only want what’s best for the whole community and we want every person and business in it to thrive. Backcountry has never been interested in owning the word “backcountry” or completely preventing anyone else from using it. But we clearly misjudged the impact of our actions.

We understand that this step we’ve taken may not be enough for some of you. The hope is that we can ultimately win back your trust, even if it takes time. We are grateful to be a part of your lives, providing you with great gear for your outdoor adventures, and all we want is to go back to doing what we do best. We intend to learn from this and become a better company.

Sincerely,

Jonathan Nielsen, CEO

Backcountry”

Nov 06
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Backcountry (.com) Faces Customer Scrutiny Amid Trademark Bullying

By Adventures, Outdoors

Backcountry, the behemoth online outdoor retailer behind backcountry.com that has called Utah home for the past 23 years, is facing a deluge of criticism as word spread following reporting by the Colorado Sun about the company suing smaller outdoor brands for using the term “backcountry” in their name or product catalogue. Backcountry, which first trademarked the term in 2004 and has filed for additional usage trademarks in the intervening years, has since launched a legal offensive against at least 50 different defendants in a publicly available list from the United States Patent and Trademark Office.

Thus far the companies being sued for trademark infringement have ranged from a small independent ski manufacturer Snapperhead Inventions/Marquette Backcountry for their Marquette Backcountry Ski—which has been sold under the name since 2010—to avalanche safety course instructors Backcountry Babes to jean maker Backcountry Denim Co., now known as BDCO. Some companies, including Backcountry Babes and BDCO, have already settled with Backcountry, though terms haven’t been disclosed. Others like Marquette Backcountry’s founder David Ollila are gearing up for a legal battle.

Fighting back against Backcountry’s legal onslaught simply isn’t feasible for many targeted companies. Legal fees can quickly skyrocket, leaving them with few options but to acquiesce or be faced with financial ruin. It’s also not as simple as merely changing names for some. Backcountry is seeking punitive measures against Ollila and Marquette Backcountry, looking to overturn Marquette Backcountry’s own trademark in addition to requesting fees amounting to what Ollila told the Colorado Sun were more than three times the company’s lifetime profits. The lawsuit details Backcountry’s motives for the request. “Backcountry requests punitive or exemplary damages … in an amount sufficient to punish and deter defendants and to make an example of them.”

Will this “backcountry” terrain run afoul Backcountry’s trademark as well? Best be safe and refer to it as anti-front country until the legal dust settles.

Backcountry is unlikely to end up with a sympathetic public image after engaging in such legal strong-arming. The optics are that of a large corporate entity—Backcountry was purchased by private equity firm TSG Partners in 2015—bullying vulnerable, independent companies in the outdoor space. Complicating things is the fact the term “backcountry” has been in common usage for decades prior to the company’s founding, and many feel it’s unethical if not legally dubious for a company to try and secure exclusive rights to the term. As such the #boycottbackcountry hashtag has been spreading throughout social media with everyone from average consumers to professional athletes speaking out against Backcountry. A longtime Backcountry sponsored athlete we spoke with on condition of anonymity felt “blindsided” by the company’s tactics and lack of a public response, which has left them publicly facing scrutiny about legal proceedings they have no involvement with.

A Utah-based patent and trademark attorney we spoke with provided some context. He also asked to remain anonymous to avoid any professional backlash. “After some initial research and without knowing all the facts of the case, it looks like they’re trying to strengthen their trademark by getting others not to use it. There’s always a chance if you don’t enforce your mark, it could later become unenforceable. You have to think of a trademark as a sword rather than a shield,” the attorney says. “That said, there’s a case to be made it’s a generic term and trademarks shouldn’t be applied to generic terms. I’d be interested to see how that would stand up to further scrutiny. Backcountry’s first registration in 2004 says it was for ‘retail store services, mail order services and computerized online retail services,’ but it’s expanded a lot since then. They filed in 2018 for trademarks on items like avalanche probes and climbing skins. People have been making and selling ‘backcountry’ marketed items like those for a long time.”

Attorney with IPLA John H. Kim was the person who filed for the trademarks on behalf of Backcountry in 2018, and he is yet to respond to our request for comment. Backcountry has also not responded to multiple requests for comment on the issue. As of now, the company is forging ahead with a host of branded Backcountry items that could have huge implications for other industry members going forward.

We will continue to update this story as it develops.

See all our outdoors coverage here.