Scouting America accuses LGBTQ+ travel agency Queer Scout of trademark infringement

Sam Castañeda Holdren had never had any dealings with Scouting America. He had never been part of the organization, never volunteered with it. He never learned how to pitch a tent or to distinguish edible from toxic mushrooms. That’s why he also never imagined he would find himself defending against a lawsuit brought by it.

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But in late February, the youth organization formerly known as the Boy Scouts of America sued the Arizona entrepreneur over the name of his LGBTQ-focused travel brand: Queer Scout.

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The lawsuit, filed February 25 in federal court in Texas, accuses Holdren’s companies, Toro International LLC and Q Tours LLC, of trademark infringement and unfair competition tied to the use of the word “scout.” Scouting America argues the brand improperly trades on a family of trademarks built around the terms “SCOUT,” “SCOUTS,” and “SCOUTING,” which the organization says have been associated with its youth programs for more than a century.

The complaint asks a judge to block Holdren from using the name “Queer Scout,” along with any related websites and social media accounts, and seeks damages and attorneys’ fees.

For Holdren, who runs LGBTQ+ travel experiences in Colombia through the company Out in Colombia, the lawsuit felt surreal.

“We’re just a small LGBTQ-owned travel company serving adult travelers,” Holdren said in an interview with The Advocate. “It’s really difficult to see how anyone could realistically confuse an LGBTQ tourism brand called Queer Scout with a youth scouting organization.”

A travel brand built around queer community

The brand grew out of Holdren’s tourism venture, organizing experiences for LGBTQ+ travelers visiting Colombia.

The trips range from boat tours and cultural excursions to nightlife events and community gatherings designed to connect visitors with local queer communities. The business primarily targets adult travelers seeking LGBTQ-friendly tourism experiences.

Nothing about the venture resembles a youth program, Holdren said.

Still, Scouting America argues that the name could cause confusion because scouting organizations also organize group outings, trips, and activities. The complaint states that the defendants have used the Queer Scout name in marketing materials, on social media, and on a website promoting the services, and lawyers are asking that this stop.

A fight over the word “scout”

Jeremy Kapteyn, an Arizona attorney representing Holdren, said the dispute raises a broader legal question about who can claim exclusive rights to the word “scout.”

“There are hundreds of federal trademark registrations that include the term ‘scout’ or ‘scouts,’ and over a hundred of those are currently in use in commerce,” Kapteyn told The Advocate.

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Because the term is so widely used, Kapteyn said, the strength of Scouting America’s claim to exclusive rights over it may be limited. Kapteyn also pointed to a prior legal argument by the Boy Scouts in a dispute with the Girl Scouts, in which the organization argued that the phrase “Girl Scouts” was distinct from its own trademarks because of the word “girl.”

By that logic, he said, the phrase Queer Scout is even more clearly distinguishable. “Queer Scout is at least as distinct, if not more, than Girl Scouts,” he said.

Kapteyn said he believes the organization may be overreaching in the case. “I think the Boy Scouts are overreaching and being a little bit overly aggressive in the face of public evidence that their marks are not as strong as what they’re asserting,” he said.

Questions about timing

The lawsuit also arrives at a complicated moment for Scouting America.

Earlier this month, Trump administration Defense Secretary Pete Hegseth publicly pressured the organization to reconsider diversity policies tied to its longstanding relationship with the Pentagon, raising questions about whether the scouting group would continue allowing transgender youth to participate.

The organization told The Advocate that all young people would remain welcome in its ranks.

Kapteyn said he believes the legal dispute would likely have occurred regardless of the political pressure, though the timing has raised questions.

“It certainly makes the circumstances a little more interesting,” he said, noting that the organization has simultaneously emphasized inclusive policies while facing demands from federal officials to roll them back.

Asked about the lawsuit, Scouting America declined to comment. “We do not comment on active litigation,” the organization said in an email to The Advocate.

A high-stakes fight

For Holdren, the case could have significant consequences.

Trademark litigation in federal court can cost hundreds of thousands of dollars, which is a daunting prospect for a small travel startup. Kapteyn acknowledged that the imbalance may shape the outcome. “In disputes like this, the party with the strongest resources often has a significant advantage,” he said.

Still, Holdren said he hopes to fight the case if possible. “I’ve been bullied my whole life,” he said. “I don’t want to back down if I don’t have to.”