Boston Sports Arena Suing Cannabis Dispensary for Alleged Trademark Infringement

The owner of the TD Garden is suing a cannabis dispensary named The Boston
Garden for trademark infringement, Boston.com reports. In the
complaint, Delaware North, the Buffalo, New York-based company which is run
by the billionaire Jacobs family – owners of the National Hockey League’s
Boston Bruins – contend in the lawsuit that the dispensary is copying the
“distinctive and famous” trademark of the former arena.

“The Boston Garden mark has become widely known and famous throughout the
United States in connection with Boston’s premiere sports arena. Members of
the public are likely to be confused as to the source, sponsorship, or
other commercial affiliation.” — The complaint via Boston.com

The Boston Garden Dispensary was founded in 2021 by actor Jonathan Tucker
and Ivelise Rivera, a city employee. The company opened two more Boston
Garden dispensaries – one in 2024 and one last year.

“When we filed the name, there’s an objection period, and they never
objected, never said a thing,” Tucker told Boston.com. “Against all odds,
we start to make it, and we build this brand over six, seven years, and
then the Jacobs family and Delaware North decide, ‘Oh no.’”

The original Boston Garden area was closed in 1995 and demolished three
years later, but Delaware North still holds the trademarks for Boston
Garden apparel, accessories, and memorabilia. The company argues in the
complaint that its products reach “the same general consumer population
targeted by (The Boston Garden’s) retail operations.”

“It’s ludicrous. It doesn’t make any sense,” Rivera said in an interview
with Boston.com. “We’ve never had anyone come into the store and say, ‘Oh,
I thought we were going to the Boston Garden to see the Bruins and see the
Celtics. That’s never happened.”

Delaware North told the Boston Globe that they had tried to settle the
issue “amicably.” Tucker said the company only reached out about 18
months ago.