Local business owners recently received an unexpected letter demanding them to change the name of their business.
The name “Basecamp” had been trademarked by an Alberta company, but Christiane Duclos and Lorne Alcock have owned Base Camp Guest House for almost a decade.
The couple knew a hotel was opening in Revelstoke with a similar name, Basecamp Resorts Ltd, but weren’t concerned.
“We thought the new hotel would expand our referral network and we didn’t think much of it. There’s enough business to go around,” Duclos said.
The company, Basecamp Resorts, based out of Canmore, had their development permit approved by city council in Feb for a 30-unit motel off Highway 23N. The company has three hotels in Canmore with another under construction.
However, the couple last week received a FedEx overnighted letter from Calgary telling them to “cease and desist” from using the name “Base Camp Guest House” as it “causes confusion, depreciates the value” of the name.
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| Duclos and Alcock have a new sign for their guest house, but they might not be able to use it. (Liam Harrap/Revelstoke Review) |
Duclos said they’re both shocked.
“We don’t know who they are as they never said who their name is. They never talked to us before to try and work it out. Instead, they used a heavy-handed approach.”
They would have been more than willing to come to a compromise, said Duclos but now they don’t know what to do.
“In the beginning, a phone call would have been fine, but it’s more than that now.”
Trademark agent Kursty Bansley, who is acting on the couple’s behalf, said this type of situation isn’t unique.
Typically, when businesses register for a trademark, the application goes through an examination and vetting process with the Intellectual Property Institute of Canada. Not all businesses trademark their name.
“But that doesn’t mean they don’t have rights,” said Bansley.
Legislation in Canada recognizes common law rights. There are a lot of factors and law involved with trademark disputes, such as how similar are the names, date first used and nature of the trade/goods.
“You can send a cease and desist to somebody, but that doesn’t mean they need to stop using that name,” Bansley noted.
Duclos and Alcock said it would cost thousands to rebrand as there are the website and logo. Not to mention guest reviews and a 4.4/5 star rating on Google.
“If we change our name, we lose it all. It’s not just changing the sign out front,” said Alcock.
Duclos posted to Facebook about the letter and received a flood of positive responses and was later interviewed by CBC Radio.
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| The McLeans own two hotels, one in Canmore and another in Golden. They had a development permit approved by Revelstoke city council in Feb for a 30-unit motel. Each unit will be self-contained with kitchens. (Liam Harrap/Revelstoke Review) |
Sky and Tim McLean, the owners of Basecamp Resorts, came to Revelstoke this week in part to talk with Duclos and Alcock.
In retrospect, Sky McLean agrees with the couple. The letter shouldn’t have been sent and they should have called first.
“But we didn’t know. We’re learning as we go.”
The McLeans have been in business for three years and chose the name Basecamp “as it’s the place where expeditions begin.”
Sky McLean said they decided to trademark Basecamp because they wanted to create a nationally and internationally recognized brand. They hired a lawyer and did what they were told was right.
“We’re in shock. To be thrown under the bus like this.”
She added that Duclos and Alcock didn’t call them, either.
“This is heartbreaking. We’re not a big company. We aren’t coming here with guns blazing.”
There is another business in Revelstoke with a similar name, Basecamp Cabin.
While Sky McLean said they haven’t reached out yet, they’ll definitely call first. Maybe even bring cupcakes.
The McLeans, Duclos and Alcock are planning to meet in person and find a solution.
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