Girl Scouts Sue Boy Scouts for Trademark Infringement

Yes, its true. The Girl Scouts have sued the Boy Scouts of America (“BSA) for trademark infringement for using the word “scout” not preceded by “boy”.   You might ask, how is this possible when both organizations have used “scout” in their trademarks for decades?  Is there not a statue of limitations or defense based on the longtime concurrent use?  It appears the lawsuit was sparked following the recent decision by the Boy Scouts to allow girls into its scouting program and it repeated use of just the term “scouts" in its marketing. While the outcome of the case may be many months away, it demonstrates that marketplace changes can result in trademark infringement even though two competitors have coexisted in the marketplace for decades.  We occasionally see this where a company adds a new product category under a house brand mark (e.g., a spirits company adding a wine), but it is much less frequent where the same goods or services are  at issue.  Stay tuned!