Boy Scouts threaten to sue Oakland-based nonprofit for using 'scouts' in name

[dedkad]

I'm more concerned that they are marketing a program to youth using the term "hacker" in it.

[Second Class]

BSA has to protect the brand or will lose it. Simple fact of life.

[Rick_in_CA]

Actually, I believe trade mark law requires the BSA (or any other trade mark holder) to take aggressive action or loose it's trade mark. The BSA doesn't really have a choice here.

[st0ut717]

I'm more concerned that they are marketing a program to youth using the term "hacker" in it.

I think you need to learning about hacking and hackers before you make the determinations that it is not suitable for youths.

[BadenP]

BSA has to protect the brand or will lose it. Simple fact of life.

I am sure that the term "scouts" legally is not and can not be trademarked as it is a common term used in many other areas. The BSA has NO legal ground here to begin with but the lawyers will hash it out and they will be the only winners.

[Kahuna]

Kudu, Not sure I understand your question. In the unlikely event, that Congress would revisit the BSA charter, here goes.

 

"The purposes of the corporation are to promote, through organization, and cooperation with other agencies and other youth organizations:

 

1) The ability of youth to do things for themselves and others,

2) To train them in Scoutcraft, and life skills.

3) To teach them patriotism, courage, self-reliance, and kindred virtues,

 

using the methods that were in common use by boy scouts on June 15, 1916. probably remove as methods change over time

 

30904 Powers

(2) The corporation may dispose in any manner of the whole property of the corporation only with the written consent and affirmative vote of a majority of the members of the corporation.

Are "members" the CO's or scout and scouters? Rewrite! I sure as hell did not vote to shutdown Schiff Reservation!

 

30905 Exclusive rights... have "scout" and "scouting" become genericized like aspirin and escalator?

The corporation has the exclusive right to use emblems, badges, descriptive or designating marks, and words or phrases the corporation adopts.

This section does not affect any vested rights.

 

What if another youth group, say the "1911 Scouts" formed and decided to use the requirements listed in your link? I can't understand anyone complaining about their name or program.

 

My $0.01,

I would fight to the death over changing the charter to say "youth" in place of "boys." The BSA is about boys. Period. In programs that are coed, the girls are there because it improves the program for boys. We have to focus on what we do and that is to build character and promote citizenship in BOYS.

[Fehler]

And "Hacker Jackers" or "Hacker Jacks" sounds a lot cooler than "Hacker Scouts".

[dedkad]

I'm more concerned that they are marketing a program to youth using the term "hacker" in it.

StOut, you are right. There does appear to be several broad definitions of the term. Unfortunately, the one that gets the most press is the one where someone breaks into a computer security system just to mess things up, costing businesses and taxpayers millions. Kind of like people who do graffiti. Leave their mark and damn those who are left to clean up the mess. But then, graffiti advocates are trying to soften that definition too, but calling them "artists" now.

[Nike]

Maintaining copyright and trade mark is why BSA and GSUSA have become a lot more litigious in the last five years.

[st0ut717]

Maintaining copyright and trade mark is why BSA and GSUSA have become a lot more litigious in the last five years.

Good thing we have that Law merit badge

[BadenP]

Actually, I believe trade mark law requires the BSA (or any other trade mark holder) to take aggressive action or loose it's trade mark. The BSA doesn't really have a choice here.

Rick You can not trademark any word that is in common usage." scouts" is such a word used in the military, outdoor groups, etc. It is not a word exclusive to the BSA so they can take it to court but they will lose and look foolish in the process. The last thing the BSA needs is more bad press. I agree that Hacker scouts is a stupid name for that group to pick.

[Brewmeister]

Maintaining copyright and trade mark is why BSA and GSUSA have become a lot more litigious in the last five years.

"Discuss with your counselor the injuries that can happen while practicing law...."

[qwazse]

BSA has to protect the brand or will lose it. Simple fact of life.

BP, trademark infringement does not stand on the exclusivity of a particular word. Rather if there is a "likelihood of confusion that consumers will believe the products or services originated from the original trademark owner" (wikipedia, citing Harvard Law Journal).

All BSA has to prove is that a consumer, hearing the name of an organization with "scouts" in it, is likely to make the association with the "Boy Scouts of America." This is easier to do with a youth movement named "Hacker Scouts" than with a hobby group called "Dog Scouts" or, hypothetically a car club called "International Harvester Scout Owners".

 

They won't look foolish at all. My wife's company had to change it's name for an even more obtuse association with the acronym of a pre-existing company. The likelihood of overlapping consumers was very small indeed, and even though the "younger" company had been doing business for many years -- and only a few years less than the "older" company. Still the older trademark held sway.

[st0ut717]

Maintaining copyright and trade mark is why BSA and GSUSA have become a lot more litigious in the last five years.

lolololollolololol

[Kudu]

Kudu, Not sure I understand your question. In the unlikely event, that Congress would revisit the BSA charter, here goes.

 

"The purposes of the corporation are to promote, through organization, and cooperation with other agencies and other youth organizations:

 

1) The ability of youth to do things for themselves and others,

2) To train them in Scoutcraft, and life skills.

3) To teach them patriotism, courage, self-reliance, and kindred virtues,

 

using the methods that were in common use by boy scouts on June 15, 1916. probably remove as methods change over time

 

30904 Powers

(2) The corporation may dispose in any manner of the whole property of the corporation only with the written consent and affirmative vote of a majority of the members of the corporation.

Are "members" the CO's or scout and scouters? Rewrite! I sure as hell did not vote to shutdown Schiff Reservation!

 

30905 Exclusive rights... have "scout" and "scouting" become genericized like aspirin and escalator?

The corporation has the exclusive right to use emblems, badges, descriptive or designating marks, and words or phrases the corporation adopts.

This section does not affect any vested rights.

 

What if another youth group, say the "1911 Scouts" formed and decided to use the requirements listed in your link? I can't understand anyone complaining about their name or program.

 

My $0.01,

Yeah, I'd fight to the death over diluting Scoutcraft with "life skills," and removing "the methods that were in common use by boy scouts on June 15, 1916."

 

But we did that already, of course.