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The Boy Scouts have used the trademark rights granted by their federal charter to bully other organizations to change their names. In a trademark dispute it wou
by EvanAnderson 8y ago
The Boy Scouts have used the trademark rights granted by their federal charter to bully other organizations to change their names. In a trademark dispute it would be necessary for a claimant to demonstrate that there is a likelihood of confusion between their mark and the allegedly infringing mark. The BSA has claimed that their federal charter allows them to be exempt from that requirement and, in the 2008 Wrenn vs. BSA decision the court affirmed that claim, stating "The Court agrees with the BSA that it need not demonstrate the likelihood of confusion because it has been granted special protection by Congressional charter."
That is sufficient demonstration, to me, that they derive value from their federal charter above and beyond it simply being an honorific.