Topline
The Boy Scouts of America (BSA) didn’t infringe on the Girl Scouts’ trademark by using the words “scouts” and “scouting” in connection to programs including girls, U.S. District Judge Alvin Hellerstein ruled Thursday, dealing a setback to the Girl Scouts in its century-long rivalry with the Boy Scouts.
Eagle Scout Pascal Tessier wears a Boy Scouts of America Uniform.
Key Facts
In a complaint filed in 2018, shortly after the Boy Scouts began accepting female members into its core scouting programs, the Girl Scouts alleged that gender-nonspecific BSA slogans like “Scout Me In” and titles like “Scouts BSA” could cause confusion between the organizations and mislead parents.
The Girl Scouts drew attention to BSA marketing materials with references to “New BSA Girl Scouting Programs,” “girl scout volunteer” opportunities and other phrases seeming to garble one organization with the other, which the Girl Scouts claimed contributed to unfair competitive practices by the BSA.
However, Hellerstein pointed out that the BSA has historically used the terms “scouts” and “scouting” in reference to its single-gender activities, and that the Girl Scouts in 2009 implemented a branding policy of always placing the word “girl” before the word “scout” in order to differentiate itself from the BSA and its use of “scout” terms.
Though the BSA and the Girl Scouts agreed that the public sometimes confuses their organizations with one another, this confusion is longstanding and not a result of the BSA’s use of gender-nonspecific “scouting” terms, Hellerstein wrote.
In a statement, the BSA said it was pleased by the judgment, adding that the BSA and Girl Scouts both offered opportunities for parents and kids to develop character and leadership.
The Girl Scouts plans to appeal the ruling, a spokesperson said.
Key Background
Shortly after the founding of the BSA in 1910 and the Girl Scouts 1912, contention arose over use of the term “scouting,” as then BSA Chief Scout Executive James West worried that the Girl Scouts’ use of the term would lend it a feminine connotation. However, in 2017, the BSA announced it would begin accepting female members into all levels of its scouting programs. Chief Scout Executive Mike Surbaugh said the group wished to become more inclusive, while critics claimed the BSA had been undermined by political correctness. However, Girl Scouts leaders accused the BSA of taking the step to bolster their membership numbers, and of running a secret campaign to recruit girls. Membership in both the BSA and the Girl Scouts has been in decline for decades, exacerbated by the Covid-19 pandemic: combined Cub Scouts and Scouts BSA membership reportedly shrank from 1.97 million in 2019 to about 762,000 in 2021, while Girl Scouts youth membership reportedly shrank from about 1.4 million in 2019-2020 to roughly 1 million in 2021. In 2021, the BSA filed for bankruptcy protection amid widespread sexual abuse allegations, promising to implement reforms to guard against future abuse by scout leaders.
Big Number
2,200. That’s how many girls have earned the rank of Eagle Scout through the BSA since 2019, a spokesperson said.
Further Reading
“The Scouts Teach Us All a Lesson About Trademark Law” (Forbes)
Source: https://www.forbes.com/sites/zacharysmith/2022/04/07/judge-finds-boy-scouts-dont-infringe-on-girl-scouts-trademark-by-using-the-word-scouting/