Black Diamond Equipment, Ltd. sent Walmart a cease and desist notice in response to news Monday announcing the launch of a new outdoor website on Walmart.com curated by Moosejaw.
The website was launched with a wide range of Black Diamond hard goods and apparel. By late afternoon on Tuesday, the website showed that Black Diamond items had been removed after initially being listed as “out of stock.”
Black Diamond said the letter directed Walmart to cease and desist from use of the Black Diamond and diamond logo trademarks in a manner likely to confuse consumers into believing that Walmart is an authorized dealer of Black Diamond, or that the new outdoor Walmart.com site is otherwise associated with or sponsored by Black Diamond. The letter also demanded that Walmart cease its infringing use of several hundred copyrighted photographs, the rights to which belong exclusively to Black Diamond.
“We did not see or approve the statement which Walmart released Monday and have never sold to Walmart,” stated John Walbrecht, Black Diamond’s president. “Black Diamond remains committed to our specialty retail partners, and we do not plan on deviating from this strategy.”
In response to press coverage of the cease and desist letter, a Walmart corporate spokesperson didn’t address the Black Diamond issue, but emphasized that it feels the Premium Outdoor site will be a “really positive development” for the outdoor community. The e-mail sent to SGB stated, “We’re really excited about our new Premium Outdoor destination curated by Moosejaw. At a time when the outdoor industry is working hard to expose more people to the amazing experiences they can have outside, we feel like it’s a really positive development. The decision to be part of this new experience will continue to be up to each brand, and our hope is that brands, and even other retailers, share our commitment to driving a truly inclusive outdoor industry. As we grow the Premium Outdoor Store, we will continue to look for leading brands and retailers that want to reach a new, wider audience.”
Moosejaw, a Michigan-based retailer with ten stores and online presence, was purchased by Walmart in February of 2017. Black Diamond has worked with Moosejaw for over 10 years.
As reported, the “Premium Outdoor Store” microsite launched on walmart.com on Monday with about 50 brands, including Black Diamond as well as Craghoppers, Deuter, First Ascent by Eddie Bauer, Gramicci, Jack Wolfskin, KLYMIT, LEKI, Stonewear and Tentsile. A full range of Moosejaw-branded clothing, jackets and gear is also available.
The site is “curated by Moosejaw” with Moosejaw officials managing the mix and presentation on the microsite. Moosejaw, which sells more than 400 brands on its site, said more brands will soon join the Premium Outdoor Store, and it’s in talks to add even more.
Photo courtesy Walmart