TD Garden Owner Files Federal Lawsuit Against Cannabis Dispensary

Boston Garden Dispensary, a Massachusetts chain operating in Athol, Cambridge, and Somerville, is being sued by Delaware North, the owner of the historic Boston Garden name, over trademark infringement and potential consumer confusion linking the dispensary to the former arena.

The dispute centers on whether the cannabis brand's use of the Boston Garden name improperly leverages a legacy brand associated with Bruins and Celtics history. Delaware North argues that the Boston Garden mark is widely known in connection with the premier sports venue. Attorneys for the company, which is run by the billionaire Jacobs family, owners of the Boston Bruins, said the dispensary's name could mislead the public about a sponsorship or an affiliated relationship.

According to a Boston.com report, the Boston Garden Dispensary was founded by Ivelise Rivera and actor Jonathan Tucker. It launched in Athol in 2021 and later expanded to Cambridge and Somerville. Rivera and Tucker claimed they created the name in 2020 and hired trademark attorneys to advance the process. Rivera said they “went completely by the book.”

“We are not going to surrender because a billionaire family decides they want our name,” the dispensary told Boston 25 News in a statement. “No consumers are confusing us with a sports arena.”

The complaint alleged that Delaware North's trademarks include Boston Garden apparel, accessories, and memorabilia. Its marketplace “reaches the same general consumer population targeted by (The Boston Garden's) retail operations,” according to Delaware North.

Tucker told Boston.com that the multibillion-dollar company reached out to the dispensary with a cease-and-desist order about 18 months ago, but did not contact The Boston Garden's attorneys before filing the lawsuit.

“If that's amicable, I can't even imagine what Delaware North and the Jacobs family does when they're mad at somebody,” Tucker explained to Boston.com. “We're Boston people, and to get whacked by a family from Buffalo over this, and they're getting billions of dollars a year in revenue, is really frustrating.”

The original Boston Garden, which was located a few hundred feet from the former Fleet Center, closed in 1995 and was demolished in 1998, according to Boston.com.