Scouting America, formerly known as the Boy Scouts of America, has sued an Arizona-based LGBTQ travel company called Queer Scouts, saying the business “dilutes the Boy Scouts’ famous trademarks and unfairly associates them with the Boy Scouts.”
The lawsuit, filed in federal court, alleges that Queer Scout intentionally tried to confuse consumers by using the word “Scout” and the pink fox logo in connection with social events, guided tours, and online marketing. arizona republic.
The eagle standing against the iris, not the fox, is the symbol most associated with Scouting America. But in its complaint against Queer Scouts, the organization claims it offers “similar” services to the travel company and “conspicuously uses animal names and images.”
The lawsuit follows years of unsuccessful negotiations to privately resolve a trademark dispute between Scouting America and Queer Scouts.
Sam Holdren, founder of Queer Scouts, questioned whether the Trump administration’s crackdown on diversity efforts and LGBTQ inclusion, particularly transgender scouts’ recognition of their gender identity, influenced the organization’s decision to file the lawsuit.
“When you combine that timing with the fact that hundreds of companies are using the word ‘scout,’ it starts to look less like consumer confusion and more like something broader that involves identity and visibility,” Holdren said. republicreferring to remarks by Army Secretary Pete Hegseth. threat Sever ties with Scouting America if Scouting America does not abandon its commitment to diversity.
“There are legitimate questions about the real cause of this escalation,” he says.
Holdren, who lives part-time in Arizona, founded Queer Scout to help gay travelers plan and book their Colombian experiences. The name was borrowed from a Colombia-based business that arranged similar trips and has since closed.
The company’s website offers tours and experiences for LGBTQ tourists in Medellin, Colombia, including bar hopping, a “gay Guatape boat tour” and a “gay picnic and graffiti experience.” The site also prominently features photos of topless men, which are not typically associated with the Boy Scouts in either previous or current versions, given that the organization banned openly gay scouts and adult leaders for most of its history up until 2013 and 2015, respectively.
“We are a small LGBTQ-owned travel company targeting adult travelers,” Holdren told the British newspaper. independent person. “It’s hard to see how someone could realistically confuse a youth scouting organization with an LGBTQ tourism brand called ‘Queer Scouts.’
The Republic reports that the U.S. Patent and Trademark Office’s searchable database shows more than 700 registered and pending trademarks containing the word “Scout,” including some that include animal logos. But Scouting America’s predecessor, the Boy Scouts of America, has only sued one organization in the past three years. The woman claimed to have used the Boy Scouts brand to purchase websites, according to a federal court. Submitted documents.
Scott Armstrong, director of national media relations and government for Scouting America, dismissed questions about whether the Trump administration’s recent actions had anything to do with the timing of the lawsuit. republic The dispute with Queer Scouts began several years ago over “trademark (and) intellectual property, nothing more,” he said.
original boy scouts of america protested Holdren’s company, Toro International LLC, is seeking to register the Queer Scout trademark in January 2024.
Toro’s attorney, Jeremy Kaptein, said: republic He asked Boy Scouts’ lawyers to clarify that Queer Scouts’ services are aimed at LGBTQ adults. The attorney said they were “initially receptive,” but the Boy Scouts rejected the proposed changes about a year ago.
“They believe that the B.S.A. [which has since rebranded as Scouting America] We had a comprehensive policy that encompassed the markets that Toro served,” Kapteyn said.
If a judge sided with Scouting America, Holdren would be prohibited from using the name Queer Scout and could have to pay damages and attorney fees. But Holdren insists the case is more than a trademark dispute.
“This… depends on our ability to express ourselves freely in the marketplace. They are using the law to silence us and take away our visibility,” Holdren said.
Scouting America declined to comment on the dispute, saying it does not comment on ongoing litigation.
the captain said. defender Given the number of federal trademark registrations containing the term “Scout,” Scouting America’s claim of exclusive rights to the term may be limited.
In 2018, the Girl Scouts sued the Boy Scouts of America for using the word “Scouts” to promote a co-ed youth program. In this case, the Boy Scouts argued that the term is gender-neutral and would not confuse consumers with the gender-specific Girl Scouts. A federal judge sided with the Boy Scouts.
Captain pointed to this decision and the organization’s previous legal arguments as evidence that Queer Scouts, like Girl Scouts, could be considered “distinct” from Scouting America’s trademarks. But he also noted that trademark disputes can be costly, giving organizations like Scouting America, which has much deeper pockets, an advantage over smaller companies like his client.
But Holdren doesn’t want to give up without a fight. “I’ve been bullied all my life,” he said. defender. “I don’t want to back down if I don’t have to.”
Source: Metro Weekly – www.metroweekly.com
