The owners of the TD Garden sports arena in Boston have launched a trademark lawsuit against a Massachusetts cannabis dispensary operating under the name “The Boston Garden,” alleging the branding is too similar to the name of the former stadium, Boston Garden, which closed in 1995.
TD Garden, home to the Boston Bruins in the NHL and the Boston Celtics in the NBA, is just 10 minutes from the dispensary in Cambridge. The company behind the store also has outlets in Somerville and Athol.
Delaware North, the owner of TD Garden, is arguing that the similarity in names is “deceptive,” “confusing,” and has caused “irreparable harm,” insisting that members of the public may wrongly assume the marijuana shop is somehow endorsed by, or affiliated with, the sports venue.
In its complaint, the company asks a court to order the destruction of any materials bearing what it calls the dispensary’s illegally obtained trademark. The filing leans heavily on the idea that “Boston Garden” remains one of the most recognisable brands in the city’s sporting history – even though the original arena closed in 1995 and was demolished three years later. Its successor, TD Garden – built on a site nine inches away at its closest point – has never used the old name.
The dispensary’s owners have said they followed every legal step before adopting the name. Jonathan Tucker, co‑owner of The Boston Garden, said they hired a law firm to vet the name thoroughly. “We weren’t just, like, hunting and pecking on Google,” he said.
Delaware North, which began as Jacobs Brothers in 1915, is still family-owned and operated by Jeremy Jacobs, who also owns the Boston Bruins.
"At no point in time did Delaware North ever reach out and say that they objected to this."
Tucker and co‑owner Ivelise Rivera secured trademarks in 2020 for use of “The Boston Garden” on smoking accessories and a cannabis website. They say Delaware North’s lawyers began sending “very strongly worded letters” about 18 months ago, urging them to abandon the name.
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The pair briefly considered rebranding if the arena’s owners helped cover the estimated $500,000 cost. But Rivera told The Boston Globe that the idea was dismissed outright.
“We are not going to surrender because a billionaire family decides they want our name,” the dispensary said in a statement. “No consumers are confusing us with a sports arena. We believe we’re on the right side of the law.”
Tucker says the lawsuit threatens the survival of their small business. “We’re just a 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.”
Delaware North maintains it has acted reasonably. In a statement, the company said: "'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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