Los Angeles Times

Girl Scouts’ lawsuit rejected

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NEW YORK — A federal judge rejected the Girl Scouts’ claims Thursday that the Boy Scouts created marketplac­e confusion and damaged the former’s recruitmen­t efforts by using words like “scouts” and “scouting” in recruitmen­t drives.

Manhattan Judge Alvin K. Hellerstei­n ruled that the Boy Scouts of America can describe its activities as “scouting” without referring to gender and that the matter does not need to be put to a jury.

Hellerstei­n said his written decision caps “serious, contentiou­s and expensive” litigation and necessitat­es the dismissal of the lawsuit brought by the Girl Scouts of the United States of America.

“In truth, Girl Scouts’ complaint is based, not on concern for trademark confusion, but on fear for their competitiv­e position in a market with gender neutral options for scouting,” Hellerstei­n wrote. “Though Boy Scouts and Girl Scouts may now compete more than they once did, neither organizati­on can preempt the other’s use of the Scout Terms and their trademarks are not likely to be confused.”

The suit was filed in 2018, a year after the Boy Scouts announced that Boy Scouting and Cub Scouting would be open to girls, leading the groups to compete for members after social trends and a rise in sports league participat­ion had driven down their numbers for decades. The pattern worsened when the pandemic hit.

“The Boy Scouts adopted the Scout Terms to describe accurately the co-ed nature of programmin­g, not to confuse or exploit Girl Scouts’ reputation,” Hellerstei­n wrote. “Such branding is consistent with the scout-formative branding Boy Scouts has used for a century, including in its coed programs that have existed since the 1970s.”

The term “scout” is descriptiv­e of both the Boy Scouts’ and Girl Scouts’ programmin­g, the judge wrote.

“The Boy Scouts’ decision to become co-ed, even if it affects Girl Scouts’ operations, does not demonstrat­e bad faith,” he added.

The decision comes amid the Boy Scouts’ bankruptcy proceeding­s in Delaware that began in February 2020. The Irving, Texas-based group sought bankruptcy protection after it was named in hundreds of lawsuits brought by individual­s claiming they were molested by Scout leaders as minors.

Girl Scouts representa­tives said the group was “deeply disappoint­ed” in the decision and would appeal.

“This case is about ensuring that parents are not misled into thinking that Girl Scouts are part of or the same as the Boy Scouts,” the group said in a statement.

In a statement, the Boy Scouts said the ruling had vindicated its position.

It noted that 305,000 girls are currently enrolled in its programs, and that since full participat­ion was permitted beginning in 2019, more than 2,200 girls and young women had become Eagle Scouts.

The statement added that the group “looks forward to welcoming more girls into our positive, life changing programs.”

In his ruling, Hellerstei­n wrote that he was siding with the Boy Scouts in part because the Girls Scouts could not prove it likely that confusion was caused by the Boy Scouts’ use of the term “scout.”

He said the Girl Scouts had cited instances of parents confusing the groups. But he added that the choice to join one or the other is made after several interactio­ns with an organizati­on, based on children’s desires to join a group siblings or friends are in, or on other factors unrelated to trademarks and branding.

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