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Boys' Life is now Scout Life


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On 12/26/2020 at 6:31 PM, TAHAWK said:

BSA has, of course, used the title Scouting for its magazine for adults in Scouting - Scouts, Cubs, Explorers (co-ed for decades), Sea Scouts (co-ed for years) - for generations.  THus, BSA has used "Scouting"" in connection withmagazine for a co-ed program without objection by GSA for many years, precluding a valid claim of  intellectual property inflincement. 

A critic.  Cool.  Where did you study and practice intellectual property law?  UCB Law and Stanford  Law are excellent.

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6 minutes ago, TAHAWK said:

A critic.  Cool.  Where did you study and practice intellectual property law?  UCB Law and Stanford  Law are excellent.

I'm noting the section of the GSUSA complaint that discusses your claim that it "precludes a valid claim" and that the magazine was already subject to litigation in which it was determined that
https://www.courthousenews.com/wp-content/uploads/2018/11/Scouts.pdf

Quote

 

When examining Defendant’s SCOUTING trademark, the PTO requested that BSA limit the scope of goods covered by that mark to magazines offering instructional advice specific to boys, “since a similar Federally distributed magazine sponsored for girls and young women also uses the term ‘Scout’ and ‘Scouting’ in referring to organizational activities and members of its organization.” See PTO Office Action issued on June 15, 1982, in connection with Application Serial No. 282546, a true and accurate copy of which is attached as Exhibit C. Plainly, the other “organization” in question is GSUSA.

 

 

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You are "noting" the GSA Complaint?

I am noting the law and the facts known to anyone who cares to investigate that make GSA's  claims to property in "Scout," "Scouts" and ""Scouting"  wholly absurd. 

It may come as a shock, but a court cmplaint is merely a "short and plain statement OF A CLAIM [=or claims]  FOR RELIEF -  accusations and alleged conclusions of law - mereargumenst having no evidentiary or legal weight whasoever except as admissions against the pleader. . 

If you claim propety in a word, you must have acted "promptly" to prevent its misue.  BSA has used the words for a century or so before GSA made its claims to exclusive right. 

Furethermore, the axiom for rights in such intellectual property is "First in time [of use[, first in right."  So GSA must have used the word sas an adjuctive in connection with programs for girls before BSA did.  In fact, BSA used all three words befor GSA even existed. 

There were a few intances where councils wnet overboard in their enthusiasm  for the new revenue source, and spoke of "girl scouts" or used GSA art work.  This will not get GSA a judgment that it owns the terms at issue.  The provable wrongs are a tempest in a teapot. - primarily a bluff.  

God and Satan have been sued for damages for causing,and/or allowing, evil in the World.   So what?

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5 hours ago, TAHAWK said:

There were a few intances where councils wnet overboard in their enthusiasm  for the new revenue source, and spoke of "girl scouts" or used GSA art work.  This will not get GSA a judgment that it owns the terms at issue.  The provable wrongs are a tempest in a teapot. - primarily a bluff. 

As a Scouter deeply engaged in the roll-out of a Scouts BSA Troop for Girls during the applicable time, I can personally attest to the facts discussed above.  The attempt to conflate limited instances of brief over-enthusiasm and uninformed mistakes into a significant problem should fail.  The examples GSUSA cites are simply  isolated.  I am not an intellectual property attorney and don't know the applicable legal standards here.  If showing that a possibility of customer confusion is enough, perhaps they will have something.  If they need to prove actual and widespread confusion, they have a big challenge.  No girl or parent was even remotely confused about what they were joining when they visited and joined our Scouts BSA Troop for 
Girls.

As for the new title, I take it as a simple implementation of the membership change  No doubt it was caused by a new look at the legal issues.  The girls in our Scouts BSA Troop actually got a kick out of the old title.

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