Overview
- Delaware North filed a federal suit in Boston last month accusing The Boston Garden Dispensary of trademark infringement, dilution and consumer confusion.
- The company says the name causes irreparable harm to the TD Garden brand and points to its continued use of “Boston Garden” in offerings such as the Boston Garden Society.
- The complaint seeks an injunction, destruction of materials bearing the dispensary’s branding and monetary damages.
- Dispensary owners Ivelise Rivera and Jonathan Tucker say they obtained federal registrations starting in 2020 for smoking accessories, related retail and a cannabis website, and report no customer confusion.
- They note Delaware North did not object during the USPTO publication period, began sending legal letters about 18 months ago, and that a forced rebrand could cost roughly $500,000 for their Cambridge, Somerville and Athol shops.