BOSTON (WHDH) - The owners of TD Garden are suing The Boston Garden Cannabis Dispensary for copyright infringement, according to a lawsuit filed in February.
In the lawsuit, Delaware North, the arena’s parent company, argues that with such similar names, customers are, “…likely to be confused as to the source, sponsorship, or other commercial affiliation of TBG’s goods and services.”
The arena’s premium club seating operates as The Boston Garden Society.
A spokesperson for Delaware North told 7NEWS, “‘Boston Garden’ is among the most recognized brands in Boston sports and entertainment…We have made good faith efforts over a period of years to resolve this matter amicably…”
Owners of The Boston Garden Cannabis Dispensary chain say that statement is “categorically false,” and they trademarked their business name nearly five years ago.
“They sent a cease and desist 18 months ago, and then a month ago filed a lawsuit without any warning,” said Ivelise Rivera, Co-Owner of The Boston Garden Cannabis Dispensary. “We’re a local small business, we don’t really have the funds to fight in federal court against the billionaires. So it could put our business out of business.”
The dispensary owners also dispute the notion that anyone could confuse their Cambridge, Somerville, and Athol pot shops for TD Garden.
“Delaware North’s marks cover sports and entertainment, which has nothing to do with cannabis retail. That’s like Delta faucets suing Delta airlines or something. We’re not even in the same universe,” said Jonathan Tucker, Co-Owner of The Boston Garden Cannabis Dispensary.
Tucker and Rivera say they are prepared to do whatever it takes to ensure the business they have built up remains.
“They had every opportunity to raise their hand when we filed our trademark, they didn’t,” Tucker said. “And now we’re assembling the evidence. We are not going anywhere, and we are not afraid of this fight.”
The lawuit shows that TD Garden’s ownership is not only trying to bar the dispensary from ever using the name The Boston Garden again, it also wants to force the dispensary to destroy any product with that branding. Delaware North is also seeking monetary damages, arguing that they have incurred financial losses and reputational harm over the issue.
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