TD Garden owner sues Boston-area pot shop with similar name for trademark violation
The owner of the TD Garden arena in Boston is suing a Massachusetts cannabis dispensary over an alleged trademark violation.
Delaware North, which owns the home of the Boston Celtics and Bruins, filed the lawsuit last month against The Boston Garden Dispensary, which has pot shops in Cambridge, Somerville and Athol.
The lawsuit says the names are nearly identical, and “members of the public are likely to be confused as to the source, sponsorship, or other commercial affiliation of TBG’s goods and services.”
It further alleges “irreparable harm” from customers assuming that marijuana products sold by The Boston Garden Dispensary are associated with TD Garden. The company wants a court to order the destruction of any materials that are found to contain their illegal trademark.
The Boston Globe reports that the dispensary won a trademark for “The Boston Garden” name to use for smoking accessories and a cannabis website. Owner Ivelise Rivera told the newspaper that they considered a rename, but Delaware North was not willing to help cover the costs of rebranding.
“We are not going to surrender because a billionaire family decides they want our name. No consumers are confusing us with a sports arena,” the dispensary said in a statement. “We believe we’re on the right side of the law and we hope Delaware North comes to the table in good faith.”
The original Boston Garden on Causeway Street was demolished and replaced by the new arena in 1995. The building has previously been known as the FleetCenter and TD Banknorth Garden before adopting its current name in 2009.
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