The Boy Scouts of America defeated a trademark lawsuit introduced by the Woman Scouts over use of the time period “scouting.”
U.S. District Choose Alvin Ok. Hellerstein on Thursday tossed the 2018 swimsuit claiming the now-coed Boy Scouts’ use of the phrases “scout” and “scouting” in recruitment adverts irrespective of gender would confuse the general public.
“This case boils right down to a single query: should the Boy Scouts proceed to make use of the phrase ‘Boy’ in its identify now that it has develop into a co-ed establishment,” the decide mentioned in his determination. He dominated that the time period was generic sufficient that each teams may use it with out referring to gender.
“We’re deeply disenchanted with right this moment’s determination and plan to enchantment,” Woman Scouts of the USA of America mentioned in an announcement. “This case is about guaranteeing that oldsters will not be misled into pondering that Woman Scouts are a part of or the identical because the Boy Scouts.”
‘Core Model Id’
Hellerstein signaled in September that he was probably rule for the Boy Scouts, telling legal professionals on the time that it was his “tentative” determination.
The Woman Scouts introduced its trademark-infringement claims when the Boy Scouts, after changing into co-ed in 2017, started utilizing “Scouts,” “Scouting,” and different phrases with out together with the phrase “Boy” in recruitment adverts.
There’s a “mountain of proof” that these phrases confuse potential members of the Woman Scouts and “erode its core model identification,” the swimsuit claimed.
Of their bid for dismissal of the case with no trial, the Boy Scouts argued that the Woman Scouts don’t have rights in “Scouts” and “Scouting” as a result of it doesn’t use these marks with out the phrase “Woman.” The Boy Scouts additionally mentioned it has used “Scouts” to explain co-ed packages for many years with out grievance.
The Woman Scouts group has been engaged in a “floor warfare” to take care of a monopoly over feminine scouting after the Boy Scouts started welcoming women into its packages, the Boy Scouts mentioned.
The dispute was quickly positioned on maintain after the Boy Scouts declared chapter in Delaware federal courtroom to resolve 1000’s of sexual abuse lawsuits.
The case is Woman Scouts of the USA of America v. Boy Scouts of America, 1:18-cv-10287, U.S. District Court docket, Southern District of New York (Manhattan).
Copyright 2022 Bloomberg.
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