[Multichannel Merchant] Eleven years after mailing its last catalog, Gander Mountain can get back into direct marketing again. A federal judge has reversed an Aug. 2005 ruling in favor of the sporting goods retailer, giving it the legal right to use its logo and name in all direct marketing channels, including catalogs and e-commerce.
Gander operates an informational Web site and 108 retail stores in 22 states. The ability to sell through the Web and catalog will extend the company’s brand into areas of the country where it doesn’t currently have a presence, said Tim Martin, vice president of marketing. “That’s a huge opportunity,” he noted, adding that Gander “is excited to get back into [the direct] business.”
Gander sold its direct business to Cabela’s in 1996 for $35 million and lost the right to use its own brand or logo in direct marketing in 2005 after a two-year legal battle with rival Cabela’s. Lawsuits filed in 2003 claimed Gander violated its sales agreement by selling shotgun barrels on its Web site. Gander claimed the agreement wasn’t meant to give Cabela’s permanent control over its direct marketing.
The previous ruling gave Gander the right to enter direct marketing, but usage of the logo and name was unclear. The decision ultimately meant it would need to establish a different brand — something Martin said the company didn’t want to try.
“We have been out of the catalog business for a while so we’ll be laying plans for [reentry]. We’ll have to be sure we’re able to fulfill and be sure we do that right,” said Martin, adding that Gander doesn’t want to get back into the direct marketing if it can’t live up to the reputation of the brand.
Martin said Gander plans to launch its first e-commerce site and mail a catalog, although he wouldn’t state a timeframe. “We want to get there as soon as we can, but we don’t want to rush.”
The ruling is subject to appeal by Cabela’s
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