A popular New England backcountry brand has changed its name. Back on November 30th, Ski The Whites announced that they were changing their name due to a trademark dispute with Ski The East.
Before we get into the reason behind the dispute, here are the similarities and differences between the two companies. Starting back in 2005, Ski The East has become known for its clothing brand, film work with a wide range of world-class athletes, and the Ski The East Freeride Tour, which lasted for 10 years. Currently, it still makes short films, but it’s now known for its brand and merchandise. It’s hard to go through any ski town without seeing the iconic Ski The East sticker.
Meanwhile, Ski The Whites, which started in 2016, is a backcountry brand with a store in Jackson, New Hampshire. They created the Last Skier Standing competition, which is where uphill skiers climb up and ski down a mountain every hour. Whoever is the last standing, which usually takes multiple days, wins the grueling competition. During the offseason, they specialize in biking and trail running.
Ultimately, the situation came to Ski The Whites attempting to file a trademark, which resulted in Ski The East defending theirs. A key thing to point out is that according to the US Patent and Trademark Office, “you can legally prevent others from using the same or a similar trademark for related goods or services without your permission.”
The result was Ski The Whites announcing nearly two weeks ago that they are abandoning their name, and rebranding as the White Mountain Ski Company.
Here’s the core part of their original statement, which mentions a trademark dispute with Ski The East:
“The short story is that I am changing our name due to a trademark conflict with Ski The East. We (I have to acknowledge my incredible co-workers) are moving forward with our new name, White Mountain Ski Company which will carry us through the next chapter of our business. We want to make it clear that, while we thought we could co-exist with Ski The East, this was purely a business issue and we do not harbor ill will towards the owners or their brand.”
We reached out to Ski The East for comment. Here was their response:
“This had nothing to do with any single person or community, but had everything to do with simply the naming conflict, protecting our trademark, and protecting our company that we’ve built over the past 18 years.
Unfortunately, Ski The East was forced to defend our longstanding trademark because Ski The Whites attempted to file a trademark to gain the same legal protections for many of the same goods and services that we have. This was a major conflict since our 2 names are highly similar, which creates perceived association, confusion among the public, and challenges our federally registered mark. We’re required to defend our name against other similar sounding ones, or we risk losing our rights over time. This is especially true when there is actual confusion in the marketplace. And just to clarify, there was never a lawsuit (Ski The East has never been involved in any lawsuit) or a cease and desist.
We totally understand that the NH BC community had positive associations and experiences with the ‘Ski The Whites’ name and all that they built. But nothing has changed with either company other than a name. The change in no way alters anything about their core business and connection to the public. We hope people can see the benefit White Mountain Ski Co stands to gain from the differentiation as neither of us wants to be mistaken for the other.
There’s been instances of brand confusion we’ve experienced in the past with our customer service, social media, events, retail shop, and even backcountry accident reports. That’s obviously not good for either entity and a name change is a preventative measure for us to ensure there’s no confusion with anything more major in the future.
We’re both small companies that depend on seasonal business to support our families and staff, and we wish the White Mountain Ski Co., their crew, and the White Mtn BC community a prosperous future and deep snow. Ski The East looks forward to continuing to unite the entire Eastern ski scene with our gear, media, and events.”
In terms of my viewpoint on this, I get both sides. Protecting trademarks is important for small businesses, but I also get that these feel like they are two different brands, even if the names are very similar. Ultimately, this is a frustrating situation for the backcountry skiing community, who have helped grow Ski The Whites. As someone who lives in New Hampshire, I feel a sense of pride when I hear the phrase Ski The Whites, as we do have some gnarly skiing up there. White Mountain Ski Company is a decent name, but I’ll miss the Ski The Whites moniker.
Image Credits: Ski The East, White Mountain Ski Company
