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Purvi Patel in the Dallas Business Journal: BSA On The Offensive In Trademark Case
05/13/2011



Irving-based Boy Scouts of America is battling a discount card company that the organization says is creating the false impression that it is affiliated with scouting.

The Scouts filed a lawsuit on May 4 in U.S. District Court in Dallas against Salt Lake Citybased Access Development Corp. The trademark infringement complaint claims the Utah company “is improperly seeking to confuse and benefit from over 100 years of goodwill established by BSA.” It says Access is marketing and selling a “Scout’s Honor” card that includes promotional materials and symbols intended to make customers think its products and services are affiliated with or endorsed by the BSA.

Much of the case will come down to whether customers are likely to be confused, said Purvi Patel, a partner with Haynes and Boone law firm in Dallas and chairwoman of the firm’s trademark practice group. Patel and the firm are not involved in the case.

“It will be interesting to see how this plays out,” Patel said. “The big issue here is, will other customers be confused when they see this card. Will they think this comes from the Boy Scouts? Are these guys piggybacking on their (the Scouts’) goodwill?”

Excerpted from the Dallas Business Journal. To read the full article, click here (subscription required).