Trademark infringement basically comes down to "likelihood of confusion."
Our whole point was that...
1) You can only buy skis at
www.on3pskis.com - the likelihood that someone buying skis from
www.on3pskis.com would confuse them with skis made by Scott (who only sell through Scott dealers) is obviously extremely small.
2) It doesn't say Scott anywhere on the skis. Again, the likelihood that a customer or potential customer would confuse a pair of ON3P Great Scotts, whose only branding was ON3P in the tail, with a pair of Scott-branded skis was, again, extremely small.
Skis are not sold in the same locations and we generally work in different marketing channels.
There was also no evidence of prior confusion.
They did not agree with any of these points and still believed we were infringing on their trademark.
We feel we would have had a good shot had we fought this, but that obviously would have come with a huge financial burden and cost us a great deal of time, and we had much better things to be doing, like building skis! So we took the easy road out, changed the name, and moved on.
Plus, the Cease & Desist is a better name anyway.
As for whether or not this whole thing hurt Scott financially, I'm in full agreement with you that it likely had no notable effect on their sales or their overall credibility. Scott is a huge company, does sales on a global lever, and I highly doubt any change was noticed. As I huge brand, 99% of their customers will probably never hear of this.
As to whether or not it has, on some level, hurt Scott's credibility amongst the niche freeskiing market that constitue almost all of the newschoolers.com & tetongraity users...well, I won't speak for them, so not something for me to answer.