The owners of the TD Garden sports arena in Boston have filed a trademark lawsuit against a nearby cannabis dispensary operating as "The Boston Garden," claiming the name creates confusion with the former arena that closed in 1995.
Delaware North, which owns the TD Garden, argues in its complaint that the similarity is "deceptive" and has caused "irreparable harm," as the public may wrongly assume the dispensary is affiliated with the sports venue. The company is seeking a court order to destroy any materials bearing the dispensary's trademark.
The dispensary, located in Cambridge just ten minutes from the arena, also has outlets in Somerville and Athol. Co-owners Jonathan Tucker and Ivelise Rivera say they secured trademarks for "The Boston Garden" on smoking accessories and a website in 2020, after thoroughly vetting the name with a law firm. "We weren’t just, like, hunting and pecking on Google," Tucker said.
Tucker claims Delaware North only began objecting about 18 months ago through "very strongly worded letters." The pair considered rebranding if the arena's owners helped cover the estimated $500,000 cost, but Rivera said the idea was dismissed outright. "We are not going to surrender because a billionaire family decides they want our name," the dispensary stated.
Delaware North, still family-owned by Jeremy Jacobs, maintains it acted reasonably. "'Boston Garden' is among the most recognized brands in Boston sports and entertainment," the company said in a statement, adding that it has "made good-faith efforts over a period of years to resolve this matter amicably." The lawsuit threatens the survival of the small business, according to Tucker: "We’re just a local company trying to serve our communities."
