On November 30th, you (Madison Audubon) made a blog post responding to our video about changing your name to “Badgerland Bird Alliance” which we feel is too close to our brand name “Badgerland Birding”. Your response included 5 specific points that you claim to be “misleading” or “false”, but did not address our main argument, which is the confusion and negative impact to our brand (which we’ve been building over the last 7 years) that your name change has caused and will continue to cause.

You have continued to not allow comments on your social media posts after many people expressed their concerns or asked you to change your name, which makes us question how much you actually value feedback, since you continuously squash people’s ability to comment publicly.

Here are each of your 5 claims, and why your response is misleading or just flat out wrong. Your claims are in red, our response is in black.

False Claim #1: Badgerland Bird Alliance is attempting to “steal” the name from Badgerland Birding.

Why this is false: We would never engage in an effort to steal a name—it is absolutely not in our organization’s character or best interest. “Bird Alliance” is the core of our name, shared among a network of chapters. The word Badgerland is a very commonly-used geographic descriptor for Wisconsin organizations; there are nearly 200 entities in the state that use Badgerland in their name. Even in the recent application to federally-trademark “Badgerland Birding”, use of the word Badgerland is listed with a disclaimer, perhaps because of its nature as a common geographic term.

The committee and board evaluated numerous name options and independently determined that “Badgerland Bird Alliance” best describes where we work (10 counties in southern Wisconsin) and what we do. Learn more about this in our name announcement video.

The assertion that the term “Bird Alliance” is core to your name and that “Badgerland” is common and therefore justifies its use in your name is misleading. We believe the specific combination of “Badgerland Bird” is integral to our identity and brand, which predates your organization’s name change by nearly 7 years. Our objection stems from the confusion and association that already has and will continue to impact our established presence and audience from the use of Badgerland + Bird.

You also claim that “Badgerland” best describes your geographic location (Southern Wisconsin), however Badgerland references the entire state, which is misleading and misrepresents your apparent reach.

False Claim #2: Badgerland Birding and Badgerland Bird Alliance “do a ton of the same things.”

Why this is false:  Badgerland Birding is a Limited Liability Corporation business. They operate largely through their YouTube channel, social media, and birding tours in Wisconsin and throughout the United States. They produce high-quality, entertaining videos that share information about birding. In contrast, Badgerland Bird Alliance is a local nonprofit conservation organization. We operate as a conservation land trust and through on-the-ground programming in southern Wisconsin. Our focus is on native habitat restoration for wildlife; volunteer citizen science programs; direct advocacy for wildlife and natural resources; free nature outings; and youth education, primarily for kids in classrooms and community centers. We both do work that involves birds and is effective, but we each do that work in different sectors, in different ways, and for different purposes.

For one, we are a Limited Liability COMPANY, not a CORPORATION. There’s a big different between the two. Additionally, the characterization of our work as merely “YouTube, content creation, and birding tours” oversimplifies and is demeaning to our broader impact. We engage with a diverse audience through educational content, community outreach, and active participation in bird conservation. Both our organizations contribute significantly to bird-related initiatives in Wisconsin, and it is misleading to downplay the scope and effectiveness of our work, and what our work will encompass in the future.

False Claim #3: Badgerland Bird Alliance gets substantial funds and direction from National Audubon Society.

Why this is false: BBA is an affiliated chapter of NAS and we have similar missions. However, we are entirely separate organizations with our own fundraising, staffing, programming, and communications. As a chapter, we receive a small portion of dues from NAS which amounts to about 0.5% of our total funding; the rest is from grants and donations that we secure independently.

We never said “substantial” funds, simply funding. While you assert independence, the affiliation with the National Audubon Society (NAS) raises questions about the potential influence and direction from NAS. The claim that NAS dues contribute only 0.5% of your total funding may downplay the significance of this relationship, which is still very clearly present.

False Claim #4: Badgerland Bird Alliance did not conduct proper due diligence.

Why this is false: BBA had an extensive and careful process to develop and vet the new name. There is more detail here. During the due diligence process, BBA searched for and considered all of the many organizations, businesses, and groups in Wisconsin (and beyond) with names that use common terms like Badger, Badgerland, Bird, Birding, Alliance, and other similar words, and discussed these with legal counsel before moving forward.

Our concerns about due diligence relate to the lack of distinctiveness between our organizations’ names and the current and future potential for confusion. While you state that legal counsel was consulted, the fundamental issue remains that our established identity and brand are at risk. A more comprehensive assessment of potential confusion in the public domain would have been prudent, or consulting us beforehand. At the very core of the issue, is the lack of respect Madison Audubon seems to have for its fellow bird-related organizations and their established brands, which is saddening.

False Claim #5: Badgerland Bird Alliance is a large, corporate-like entity that is bullying Badgerland Birding.

Why this is false: BBA is a small, local conservation nonprofit with about 3,000 supporters in south-central Wisconsin. Badgerland Birding has more than 27,000 subscribers to their YouTube channel and are building a national-scope brand. Throughout this process, our staff has been diligent, respectful, and responsive to their concerns, which we have shared with the board for review. In our last conversation with Badgerland Birding (just prior to the video’s release), we strongly emphasized our desire to work together collegially to find a positive path forward. That is still the case.

The acknowledgment of our subscriber count and scope of our reach only reinforces the idea that we would not want our brand infringed upon. Also, characterizing yourself as a small, local conservation nonprofit significant downplays the size of your organization, which based on online tax records, brings in millions of dollars each year, and has at least 10 full-time employees.  Additionally, your unwillingness to cooperate about changing your name is where people are getting the “bullying” from. The fact that your organization is oblivious to what you are doing shows a true lack of respect and understanding of how your actions are being perceived.

We remain committed to open and respectful dialogue to find a resolution that preserves the integrity of both organizations. However, the fact that you are not willing to change your name or address our concerns about the confusion and negative impact to our brand suggests you do not actually want to work together to find a solution, rather just appear you do. Our concerns are rooted in protecting the brand we’ve built over the years and ensuring our audience and your audience can distinguish between the two entities. We welcome continued discussions to reach an amicable resolution, but don’t feel your words are matching your actions.  

Sincerely,

Derek and Ryan Sallmann

Badgerland Birding