The company that owns Boston’s TD Garden is suing a Massachusetts cannabis dispensary called “The Boston Garden.”
The dispensary’s Cambridge location is about 10 minutes away from the venue that the Celtics and Bruins call is home. It also has locations in Somerville and Athol.
Delaware North, which owns TD Garden, filed a lawsuit for trademark infringement, claiming the dispensary’s name has caused irreparable harm, threatens to harm the arena’s reputation, and is deceptive and confusing to the public.
Jonathan Tucker, owner of The Boston Garden, says he went through the proper channels, using a law firm to ensure the name was legally available for use.
“We weren’t just, like, hunting and pecking on Google,” he said. “At no point in time did Delaware North ever reach out and say that they objected to this.”
The original Boston Garden closed in 1995 and was demolished in 1998. TD Garden, which opened as the FleetCenter and has also been known as TD Banknorth Garden, has never used the name of its predecessor.
“It hasn’t been called ‘The Boston Garden’ for now over 30 years,” Tucker said. “I’m hard-pressed to find anybody under the age of 35 who calls it, or even knew, that it was called that.”
He said that his company had tried to meet with Delaware North in person, but that it refused.
“We’ve been trying multiple times to find a way to make this all work, so the lawsuit was a surprise,” he said.
According to Tucker, the lawsuit has the potential to shut down his business, which does not have the nearly $500,000 it would cost to change its name.
“We’re just a small local company trying to serve our communities,” he said. “It’s a little scary. They’re an out-of-town, very powerful family, they’ve got a lot of money, and we did everything by the books.”
A Delaware North spokesperson shared the following statement:
“‘Boston Garden’ is among the most recognized brands in Boston sports and entertainment, tied to a historic arena that has been part of this city’s history since 1928. Delaware North has developed substantial goodwill in connection with this famous brand and holds multiple trademark registrations for ‘Boston Garden’ (which are in full force and effect). We have made good‑faith efforts over a period of years to resolve this matter amicably and remain hopeful that an agreement can still be reached.”
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