Trademark battle brews between TD Garden and The Boston Garden cannabis dispensary
The owner of the TD Garden, home of the Boston Celtics and Boston Bruins, is concerned a local cannabis company doing business as "The Boston Garden" may be stealing its thunder and tarnishing its brand.
The matter has now landed in federal court.
Delaware North , an entertainment and hospitality giant based in Buffalo, filed a lawsuit last month against the cannabis company's owner, accusing it of benefiting from a perceived connection between her three Massachusetts pot shops and the 19,000-seat arena in Downtown Boston.
The company's name "is likely to deceive and confuse the public," Delaware North said in a lawsuit filed in U.S. District Court in Boston on Feb. 18.
The Boston Garden Dispensary, owned by Ivelise Rivera, has locations in Athol, Somerville and Cambridge. It holds multiple federal trademarks related to its cannabis business, merchandise and online store.
According to the lawsuit, the cannabis company's trademarks give a "false impression" that Delaware North licensed or sponsored the pot shops, causing "irreparable harm and injury" to the corporation.
The Boston Garden Dispensary at 200 Monsignor O'Brien Hwy in Cambridge.(Google Maps)
The TD Garden, opened in 1995, replaced the nearly 70-year-old Boston Garden. The new arena was known as the FleetCenter for a decade before TD Banknorth (later TD Bank) acquired the naming rights, which it has through 2045, according to the Boston Globe.
A shared or similar name alone does not mean the dispensary's name and branding violate U.S. trademark law.
Companies can share a name, as long as they are involved in different industries and do not cause confusion among customers, according to the U.S. Patent and Trademark Office.
"This is how identical trademarks with different owners can be registered for Dove soap and Dove ice cream bars, or Delta faucets and Delta air transportation services," the office says on its website.
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