Read the link for lots of interesting details on how the B.S.A. Inc screwed up.
Posted on Dec 6, 2018
Caesar Revive, Intellectual Property Law
Since their respective beginnings, the Boy Scouts (of America) limited their membership to boys and the Girl Scouts (of the United States of America) limited their membership to girls. But, in a significant switch, the Boy Scouts recently announced they will now be accepting girls into their ranks. All would be well and good, except for the fact that this transition resulted in a lawsuit for trademark infringement.
(so as not to offend intellectual property rights!)
Other causes of action include common law trademark infringement, trademark dilution (basically an erosion of the Girl Scout’s current trademarks) and tortious interference.
. . . On the other hand, Boy Scouts has an obligation to control actions (of their volunteers) that incur legal liability and bears a responsibility for infractions thereof. With millions of volunteers all over the country, insisting that the rights of the Girl Scouts be respected is no small task, yet if the Boy Scouts cannot do so then an appropriate remedy might be to deny them a right to use the Scouts mark without a gender specific prefix.
The Boy Scouts have not yet filed a response to the complaint . . .
Or, perhaps the two parties will find a way to settle their differences. The Boy Scout law requires that a Boy Scout “Obey the laws of country.” The Girl Scout law requires that a Girl Scout “use resources wisely.” Now would be a good time for both parties to follow their laws by sitting down together and reaching a fair and amicable resolution.
Published December 4, 2018 issue of the Legal Intelligencer.