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Black Diamond demands Walmart remove its products from new 'curated' microsite

Published August 29, 2018

SALT LAKE CITY (BRAIN) — Black Diamond Equipment, which sells skiing, climbing and hiking gear through specialty retailers, has sent a cease-and-desist letter to Walmart, demanding the company remove its products from a new microsite of "curated" premium products. The microsite was developed with outdoor retailer Moosejaw, which Walmart bought last year.

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Black Diamond has sold through Moosejaw for more than 10 years. On Monday, Walmart and Moosejaw announced a new section of the Walmart website, at walmart.com/cp/9874393, featuring products chosen by Moosejaw.

According to a news release, Black Diamond's letter directed Walmart to stop using 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 stop using several hundred copyrighted photographs.

“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.”

Walmart removed the products from the site on Tuesday. The company also released a statement:

"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."

Black Diamond is owned by Clarus Corporation, which also owns the Sierra and Pieps outdoor brands. Clarus is traded on Nasdaq under the CLAR symbol.

 

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