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Is Scouting America Defending its Brand? Or Sending a Message?

A costly legal fight spotlights whether The Boy Scouts is enforcing its brand or making an example of a queer-owned business.

Is Scouting America Defending its Brand? Or Sending a Message?
Defense Secretary Pete Hegseth speaks at Mar-a-Lago, Jan. 3, 2026, in Palm Beach, Fla. Hegseth announced that Scouting America would be removing all diversity-related content and badges from its programs in order to maintain relationships with the government. Two days later, Scouting America filed a civil suit against Queer Scout.(AP Photo/Alex Brandon, File)

A small Arizona-based travel company, Queer Scout, is battling the nation’s largest youth program, Scouting America, in a “David and Goliath”-style trademark dispute. But details surrounding the case — particularly those tied to the federal government’s attacks on diversity, equity and LGBTQ+ civil rights — have raised questions about whether the case is simply political optics. 

Scouting America, formerly branded as The Boy Scouts of America, filed a federal civil lawsuit in the Northern District of Texas, accusing the small business of trademark infringement and dilution. The suit was filed just before Defense Secretary Pete Hegseth criticized Scouting America for allowing diversity and equality measures into its programs, announcing it had agreed to significant changes in order to maintain government relationships.

The civil lawsuit was filed two years after Scouting America initiated a trademark dispute with Queer Scout. That case has been suspended by the federal trademark board until the civil case has been determined.

The crux of Scouting America’s complaint is a claim protecting its “famous” family of “Scout” brands, and that the term “Queer Scout” causes consumer confusion, leading the public to believe the travel agency is affiliated with or sponsored by the youth organization, according to court records.

However, Queer Scout’s owner Sam Castañeda Holdren and his attorney, Jeremy Kapteyn, argue the two businesses occupy entirely different spaces: Queer Scout provides nightlife tours, cultural excursions and social events for adults, none of which resemble a youth development program.

Kapteyn said there are hundreds of active federal trademark registrations using the word “Scout,” yet Scouting America appears to be “cherry-picking” its enforcement. He added that truly famous trademarks — such as Nike or Coca-Cola — routinely challenge any use of their brand. Scouting America, he said, does not apply the same treatment to their trademark.

In a past legal dispute, Scouting America settled a case against the Girl Scouts, which argued that the word “Girl” sufficiently distinguished its brand from other scouting organizations.

“Queer Scout is at least as distinct, if not more, than Girl Scouts,” Kapteyn said, suggesting Scouting America is now ignoring its own legal precedent to target Holdren.

Kapteyn said the harms in the case are overwhelmingly one-sided. For Holdren, the litigation has placed his business in a holding pattern, diverting resources meant for international expansion into mounting legal fees.

Holdren said securing representation has required a retainer of $25,000, a significant sum for a small business that has relied on a GoFundMe campaign to stay afloat. Kapteyn estimated that full-scale federal trademark litigation could cost tens of thousands of more dollars. 

In contrast, he questioned whether the youth organization can prove meaningful damage to its brand, as they’re claiming in court documents.  

He said it will be difficult for Scouting America to demonstrate financial loss or dilution when the two entities operate in different spheres: Queer Scout provides adult-oriented nightlife tours and cultural excursions, while Scouting America focuses on youth development.

He said trademark cases have “a basis in consumer protection where you don’t want consumer confusion.” No reasonable person, he said, would mistake Queer Scout’s gay bar crawl in Medellín for a youth program.

The most troubling aspect of the case, though, is not the legal theory but the timing.

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Holdren, Queer Scout's owner, pointed to a specific timeline that he said suggests his company is being used as a political shield by Scouting America.

On Feb. 2, Pentagon spokesman Sean Parnell posted on social media platform X that Scouting America and the Department of War were in final agreements to continue their relationship after the organization agreed to remove "social justice, gender-fluid ideological stances" from its policies. The next day, Feb. 3, Scouting America Executive President and General Counsel Joseph A. Kirkman authorized the civil suit against Queer Scout, according to court records.

On Feb. 25, Scouting America filed their civil lawsuit against Queer Scout outside of the process of trademark decision making. Two days later, on Feb. 27, 2026, the Department of War’s website posted an article and video of Department Secretary Pete Hegseth issuing a public message stating that Scouting America had agreed to remove diversity measures from its organization, including no longer allowing girls to join, removing a diversity and equity badge, and limiting sex designation to male and female.

For months, the group had been pressured by the federal government to abandon diversity measures, including allowing girls into the program and expanding its focus beyond Christianity. In a memo leaked to NPR, Hegseth threatened to remove federal support in the form of medical and logistical aid for the National Jamboree in West Virginia.

In exchange, the organization would be allowed to continue activities on government property.

"As the case develops, it is increasingly being viewed within the LGBTQ travel space as more than a typical naming dispute," said a press release from the International LGBTQ+ Travel Association, which brought attention to Queer Scout's case in an email to their members. "For many operators and stakeholders, the case is emerging as a potential warning of how identity-based travel brands may be challenged as the sector continues to grow."

Holdren said his case is a bellwether for what queer-owned companies can continue to expect: “When an LGBT-owned business becomes the target of a sweeping lawsuit like this, during a moment of public pressure around inclusion, I think that context matters."

Correction

An earlier version of this story referred to Queer Scout as Queer Scouts. This story has been updated to reflect that change and we regret the error.

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