File:Former BSA.jpg

Summary

Boy Scouts of America Universal Emblem with universal "no" symbol superimposed, representing U.S. scouts who no longer wish to be associated with the BSA leadership.

Licensing

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U.S. trademark law

The 1916 Act of congress did not create any copyright interests because the Constitution specifies that copyrights may only be granted for "limited times," and the Boy Scouts of America (BSA) do not claim any copyrights, using the registered trademark (R) symbol alone in conjunction with their logo, and not the (C) symbol.

U.S. law protects the use of trademarks by nonowners for purposes of criticism and commentary. First Amendment considerations override any expressive, noncommercial use of trademarks. "The Constitution is not offended when the [Maine] antidilution statute is applied to prevent a defendant from using a trademark without permission in order to merchandise dissimilar products or services. ... The Constitution does not, however, permit the range of the antidilution statute to encompass the unauthorized use of a trademark in a noncommercial setting such as an editorial or artistic context." (emphasis added) L.L. Bean, Inc. v. Drake Pubs., Inc., 811 F.2d 26, 31, 33 (1st Cir. 1987.)

Similarly, the Federal Trademark Dilution Act of 1995 does not apply to the "noncommercial use" of a famous mark. 15 U.S.C. 1125(c)(4)(B). The U.S. Supreme Court has defined "commercial speech" as "speech which ... propose[s] a commercial transaction." Virginia Pharmacy Ed. v. Virginia Citizens Consumer Council, Inc., 425 U.S. 748, 762 (1976.)

The only limit on this right is whether someone might think that the commentary was produced by the trademark owner, and this limit is explicitly defined in reference to Boy Scouts. "[A]n author certainly would have a First Amendment right to write about the subject of the Boy Scouts and/or Girl Scouts. However, this right is diluted by trademark law insofar as that author cannot present her subject in a manner that confuses or misleads the public into believing, through the use of one or more trademarks, that those organizations have produced or sponsored the work in question." (emphasis added) Girl Scouts of the United States v. Bantam Doubleday Dell Publishing Group, Inc., 808 F. Supp. 1112 at 1121, n. 12 (S.D.N.Y. 1992.)

Derivative work based on an image produced prior to 1923

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