FILE - In this June 18, 2018, document photo, patches sheathe the earlier of a Girl Scout’s vest in ~ a demonstrate of some of their activities in Seattle. Girl Scouts the the United says of America claim the century-old company is in a “highly damaging” recruitment war v Boy Scouts that America after the team opened that is core solutions to girls, causing marketplace confusion and also some girls unwittingly authorized the boy Scouts. (AP Photo/Elaine Thompson, File)
NEW YORK — The Girl Scouts are in a “highly damaging” recruitment war v the young Scouts ~ the last opened the core services to girls, causing marketplace confusion and also some girl unwittingly authorized the boy Scouts, lawyers because that the century-old Girl Scouts organization claim in court papers.
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The competition, much more conjecture than reality two years ago, has intensified together the young Scouts of America organization — which insists recruits pledge to it is in “trustworthy, loyal, helpful, friendly, courteous and also kind” — has actually unfairly recruited girls lately, follow to cases in legitimate briefs filed on behalf of the Girl Scouts of the United states of America.
The lawyers filed records in Manhattan commonwealth court Thursday to repel an initiative by the boy Scouts come toss out before trial a trademark infringement lawsuit the Girl Scouts filed in 2018.
Last month, lawyers for the young Scouts request a referee to reject cases that the young Scouts cannot use “scouts” and also “scouting” in that is recruitment of girls without infringing trademarks.
They dubbed the lawsuit “utterly meritless.”
The boy Scouts ~ above Saturday pointed come legal arguments in which that blames the Girl Scouts for reacting to its expansion plans with “anger and alarm” and also said the Girl Scouts introduced a “ground war” come spoil plan by the boy Scouts to include an ext girls.
In a statement, the young Scouts stated it broadened program offerings because that girls “after year of requests from families” who wanted their boys and also girls both participating in that is character and leadership programs or for other reasons, including a desire to come to be an Eagle Scout.
“We applaud every company that build character and leadership in children, including the Girl Scouts of the USA, and believe the all families and also communities benefit from the chance to select the program that best fit their needs,” the declare said.
In that filing, the Girl Scouts claimed the boy Scouts’ marketing of increased services because that girls was “extraordinary and highly damaging come Girl Scouts” and also had set off an “explosion of confusion.”
“As a an outcome of young Scouts’ infringement, parents have mistakenly enrolled their daughters in young Scouts thinking it was Girl Scouts,” the lawyers said, adding that this never occurred before 2018.
The girl Scouts claimed they deserve to prove there space “rampant instances of confusion and also mistaken instances the association in between Boy Scouts and also Girl Scouts” after ~ the boy Scouts target girls and their parents through marketing and also recruiting communications in methods it never has actually before.
In that is statement, though, the young Scouts said: “To indicate that man is a prevailing factor for their selection is not just inaccurate – v no legally admissible instance of this offered to date in the situation – yet it is likewise dismissive the the decisions of an ext than 120,000 girls and young females who have actually joined Cub Scouts or Scouts BSA because the programs became accessible to them.”
“The parties’ programs, which have many similarities, room now straight competitive,” the girl Scouts maintained.
The organization cited proof from a small subset of documents turned over by 19 of 250 neighborhood Boy enlightenment councils, including proof that it is registered fees periodically were returned to parents who incorrectly thought lock registered girls for the Girl Scouts.
It said repetitive instances of confusion and interference in ~ the neighborhood level by the boy Scouts was a tiny portion of what was emerging nationwide.
Each of dozens of times the Girl Scouts complained around unfair marketing, the boy Scouts comment by blaming individuals, churches or others because that what they said was an diverted incident, the lawyers said.
“According to boy Scouts, blame for the rampant marketplace confusion lies at everyone’s feet yet its own,” they wrote.
Both the Girl Scouts and Boy Scouts, prefer other major youth organizations, have actually seen declines in membership in recent years together competition prospered pre-pandemic from sports leagues and also busy family members schedules.
In feather 2018, the boy Scouts regimen for 11- to 17-year-olds announced the would change its surname to Scouts BSA in early on 2019. The parent organization, the young Scouts that America, and the Cub Scouts, a program serving youngsters from kindergarten through 5th grade, maintained their names.
The organization started admitting girls right into the Cub Scouts in respectable 2018, and Scouts BSA started accepting girls in February, 2019, lawyers said.
Afterward, boy Scouts councils and volunteers began using Girl Scouts’ intellectual property to recruitment girls, employing targeted declaring utilizing state such together “Scout, Scouts, Scouting, reconnaissance Me In and also Scouts BSA,” the lawyers wrote.
The young Scouts contend, though, the “undisputed evidence” proves the the young Scouts have used “Scout” alone for an ext than 100 years and in connection with the marketing of some co-ed youth services for practically 50 years.
It said thousands of thousands of pages that documents produced in the court case and more than 40 depositions of witnesses prove the young Scouts never involved in trademark infringement or created consumer confusion.
The lawyers because that Girl Scouts claimed Boy Scouts councils in Illinois identified improperly using the Girl Scouts’ slogan in Cub enlightenment recruiting materials and pictures that Girl Scouts to promote a boy Scouts “Scouts Sign-Up Night!”
They stated a western Massachusetts boy Scouts council posted a recruiting flyer ~ above Facebook consisting of a photo of a girl shown in her Girl Scouts Brownie uniform.
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Meanwhile, Ohio young Scouts used the Girl Scouts trademark to try to acquire a neighborhood newspaper to compose an article, arguing a storyline licensed has been granted “Boy and Girl Scouts looking for Members” also though the recruitment involved only the boy Scouts, the lawyers said.