- Wrenn v. Boy Scouts of America
Infobox Court Case
name = Wrenn v. Boy Scouts of America
United States District Court for the Northern District of California
September 5, 2003
full_name = Gregory J. Wrenn v. Boy Scouts of America
"Wrenn v. Boy Scouts of America", case no. C03-04057 JSW, is an on-going case before the
United States District Court for the Northern District of California; Wrenn is asking for the cancellation of federal trademark registrations of the Boy Scouts of America.
Cub Scouting is a program of the
Boy Scouts of Americafor boys under the age of 11. The daughter of Gregory J. Wrenn was denied admission to the Cub Scout pack where her twin brother was registered. Wrenn founded the National Council of Youthscouts in 2002 as a "non-discriminatory Scoutingorganization" and in July 2003 filed for the trademark of "Youthscouts" with the United States Patent and Trademark Office.
In July 2003, the BSA filed a notice of opposition with the
Trademark Trial and Appeal Board(TTAB) against Wrenn, claiming that the registration and continued use of the term "Youthscouts" would "cause confusion, deception, mistake, and misrepresentation" regarding the name's source or sponsorship, and would cause injury and damage to the BSA. [cite web |url=http://ttabvue.uspto.gov/ttabvue/v?pno=91157313&pty=OPP|title=USPTO TTABVUE 91157313 |accessdate=2008-01-14]
Their grounds for opposition include an allegation that the word "Scout" is recognized by Americans as being connected with the BSA and points out that some dictionaries' definition of "Scout" includes "a member of the Boy Scouts." The BSA also noted that in addition to standard trademark protection, marks were protected by the
congressional chartergranted in 1916 under 36 U.S.C. Chapter 309. [usctc|36|309Federal charter, Boy Scouts of America]
In November 2005, Wrenn filed two notices of opposition with the TTAB claiming that the BSA's uses of "Scout Gear" and "Scout Zone" were invalid and alleging that the BSA had "committed fraud on the Trade Mark office and trademark misuse." In February 2006, TTAB consolidated the three cases.
Wrenn filed a lawsuit in
September 2003with the U.S. District Court asking for the cancellation of BSA's federal trademark registrations, claiming among other things that, "The BSA is guilty of unclean hands resulting from the BSA's violation of the antitrust laws of the United States, including, without limitation, obtaining registrations involving generic or descriptive terms through fraud, and using such registrations to prevent competitors from using the terms, in an illegal effort by [the BSA] to monopolize and maintain a monopolyin the market for scouting programs for boys." [cite web |url=http://youthscouts.org/WrennvBSADistCourtComplaint.pdf | title=Wrenn v. BSA District Court Complaint |accessdate=2008-01-14]
The Court had been waiting on a judgment by the TTAB but due to the delay it decided to lift its stay and proceed in
August 2007. The TTAB subsequently suspended its proceedings pending final disposition of the civil action.
Boy Scouts of America membership controversies
* [http://youthscouts.org/news.html Trial news]
Wikimedia Foundation. 2010.
Look at other dictionaries:
Boy Scouts of America — For the Boy Scouting division within the BSA, see Boy Scouting (Boy Scouts of America). Boy Scouts of America … Wikipedia
Boy Scouts of America membership controversies — The Boy Scouts of America (BSA), one of the largest private youth organizations in the United States, has policies which prohibit atheists and agnostics from membership in its Scouting program, and prohibit avowed homosexual people from… … Wikipedia
Cub Scouting (Boy Scouts of America) — Tiger Cubs redirects here. For infant felines, see Tiger#Reproduction. For the countries, see Tiger Cub Economies. Cub Scouting … Wikipedia
Merit badge (Boy Scouts of America) — Merit badges Fish and Wildlife Management merit badge … Wikipedia
Sea Scouting (Boy Scouts of America) — Sea Scouting Owner … Wikipedia
Professional Scouter (Boy Scouts of America) — Professional Scouter Owner … Wikipedia
Northeast Region (Boy Scouts of America) — Northeast Region Owner … Wikipedia
List of Eagle Scouts (Boy Scouts of America) — Eagle Scout Created … Wikipedia
Uniform and insignia of the Boy Scouts of America — The uniform and insignia of the Boy Scouts of America (BSA) gives a Scout visibility and creates a level of identity within both the unit and the community. The uniform is used to promote equality while showing individual achievement. While all… … Wikipedia
Venturing (Boy Scouts of America) — For other uses, see Venture (disambiguation). Venturing Owner … Wikipedia