Scouts retain right to exclusive use of trademark

The Boy Scouts of America sued a California man over the use of the word Scouts. The defendant had started an organization called YouthScouts. The judge in the case upheld the BSA claim stating the charter granted by Congress in 1916 gave exclusive right to the use of the word “Scout” to the BSA. Because the organization attempting to use the word was also a youth group there would be a significant likely hood of confusion.

The defendant had started a youth group which was using Scouting similarities when his daughter was not allowed to join the Boy Scouts of America and he was unsatisfied with the Girl Scouts of America.

The BSA right to use of the word was exclusive to the BSA because of their trademark of the word Scout. The word also has special meaning, as evidenced by the attempt of politicians who always want a Scout in uniform standing behind them on TV. Scout like in society today means industrious, honest and always there to help.

Many people may look at this as a big organization giving a small one a hard time. But besides the real issue of confusion, the law concerning trademarks requires that you defend you trademark or lose it. Most companies have spent thousands of not millions of dollars developing trademarks you must sue or lose your investment.

See Judge nixes use of ‘scouts’ for coed youth club