There’s the battle on the court. Then there’s the battle in the court.
Win or lose the NBA championship, the Toronto Raptors will have to fight for possession of a team logo that — this week — seems almost as well-loved as the Maple Leaf.
Documents filed with the U.S. Patent Office’s trial and appeal board show that Monster Energy, makers of a popular energy drink, says the team’s logo of a clawed-up basketball is too similar to the one it uses.
Monster’s logo is of three jagged vertical gashes, resembling those from a claw, usually green on a featureless black background. Since 2014, the Raptors have used a basketball with three diagonal claw gashes.
Monster objected almost immediately after Raptors owner Maple Leaf Sports and Entertainment attempted to register the new logo.
“(Monster) has sold billions of dollars worth of goods under (its) mark,” say the company’s documents filed in June 2015. Since 2002, the company has used the three gashes on everything from rock concerts to clothes, as well as on the energy drink, it says.
“(Monster) will be damaged by registration of the (Raptors) in that the mark will dilute the distinctive qualities of (Monster’s) mark … and will lessen the ability of (Monster’s) mark to distinguish (Monster’s) goods.”
Maple Leaf filings point out that the Raptors have used a logo featuring three claw marks and a basketball since 1994.
The current logo is a development of the original one and is “the same or substantially the same,” Maple Leaf argues.
“(Monster) will not suffer added damage from the continued existence of the challenged applications.”
Monster recently asked the board, which is an administrative court within the U.S. Patent Office, to toss that argument out. It argues the different sets of Raptors claws are too different for one to be an outgrowth of the other.
The fight over who has the rights to use what look like traces from some large and violent beast has continued for four years, which is a long time in these cases, said Josh Gerben, a Washington, D.C., trademark lawyer.
“Normally, they’re going to work something out with the opposing party,” he said. “An adverse decision for either party is significantly problematic.
“The fact this has gone on for four years really tells a story that for whatever reason, the parties can’t figure out a way to settle this case.”
The judge will have to decide if consumers are likely to be confused by the two logos, said Gerben.
“In one case you have a very popular logo from an NBA franchise that everybody understands is Toronto Raptors. And on the other you, have a logo that everybody understands is Monster Energy.
“It appears on its face the logos are pretty different.”
Gerben pointed out that claws are quite commonly used in trademarked logos, which may further weaken Monster’s case.
Lawyers representing Monster were not immediately available for comment, nor were officials from the National Basketball Association.
It’s not Monster’s first patent action. The board’s website lists well over 200 actions the company is involved in — all since 2018.
Monster has pursued the Raptors around the world, attempting similar actions in Canada and as far afield as Singapore and Peru, Gerben said.
At worst, he said, the Raptors could have to relinquish a logo now worn by what seems like half the Greater Toronto Area — although he said that’s highly unlikely.
Still, as they say on the sports pages, that’s why they play the games.
“Any time you’re in any court, you can lose,” Gerben said.
— Follow Bob Weber on Twitter at @row1960
Bob Weber, The Canadian Press
Note to readers: This is a corrected story. An earlier version referred to Josh Gerben as a copyright lawyer.
Ethnic media aim to help maintain boost in voting by new Canadians
OTTAWA — Zuhair Alshaer spends most of his day editing articles and organizing interviews with politicians for his Ottawa-based Arab Canada newspaper, to introduce Arabic-speaking new Canadians to federal politics.
The community Alshaer’s paper serves is growing — more immigrants are arriving in Canada from Africa, Asia and the Middle East than ever before, surpassing Europe that was once the dominant source.
And it is also becoming more politically engaged: The voting rate of immigrant from West Central Asia and the Middle East increased to 73 per cent in the 2015 election from the 57 per cent recorded four years earlier, the largest increase among the 10 immigrant regions studied by Statistics Canada.
For Alshaer, and other ethnic media outlets, all his efforts are aimed at helping Arabic-speaking new Canadians kick isolation and get involved in politics.
“We’re trying to encourage our audience to integrate,” he said. “We show them how important is to participate in politics.”
Research published by Statistics Canada in 2016 highlighted that new Canadians made up about one-fifth of the voting population. Their numbers are likely to increase in the coming years: Statistics Canada projects the proportion of foreign-born individuals who immigrated to Canada could reach between 25 per cent and 30 per cent by 2036.
Alshaer, a Palestinian immigrant who came to Canada 20 years ago, is hoping that his monthly newspaper, launched three years ago, will connect his community with federal politics, so more people cast a ballot on Oct. 21.
“We should believe that Canada is our country and behave accordingly,” he said.
The most recent issue of his newspaper, published earlier this month, included an op-ed signed by Environment Minister Catherine McKenna, and an extended interview with Conservative finance critic Pierre Poilievre, who are seeking re-election in their respective Ottawa-area seats.
“We worked on building trust between our audience and the politicians and candidates,” said Alshaer, the paper’s editor-in-chief. “We don’t have any affiliation with any candidate or political party.”
But newcomers from countries with no established democratic traditions is an obstacle that makes participating in Canadian politics more challenging. Research has also shown that lower-income individuals — a group that includes newcomers — may not see voting as a priority for because they are more focused on more immediate concerns, adding another obstacle.
“A lot of newcomers, in the first few years, are facing tremendous anxiety and challenges when it comes to economic and social integration,” said Liberal MP Omar Alghabra, who was born in Saudi Arabia to a Syrian family and immigrated to Canada about 30 years ago.
Statistics Canada data show that turnout rates for established immigrants, defined as those who lived in the country for at least 10 years, was a few points higher in 2015 than recent immigrants.
Overall, turnout rates were up by 14.4 percentage points in 2015 compared to the 2011 election, Statistics Canada said, with above-average increases recorded for newcomers from West Central Asia, the Middle East and Africa.
Getting used to the idea of voting “takes a few years for newcomers to wrap their heads around it,” Algabra said. He added it was important to explain to new Canadians that the outcomes of the election “will have an immediate impact on their lives” and each outcome could mean different things to different people.
A few of the volunteers with Algabra’s re-election campaign are newcomers. Some don’t even have their permanent residency or citizenship, but are “excited about living in a country with a society that encourages participation and democratic practices,” Algabra said.
“I’ve also seen a group of newcomers who are extremely excited about earning their Canadian citizenship,” Alghabra said. “They are really keen on not only voting, but also participating in democratic process.”
Maan Alhmidi, The Canadian Press
Saskatchewan abandons commitment to improve northern airport after crash: chief
REGINA — A chief of a remote Saskatchewan First Nation says the province’s decision not to help improve an airport runway in his community while doing so in a city outside Regina shows racism.
Louie Mercredi of the Fond du Lac Denesuline First Nation says the province is abandoning its commitment to develop the runway near his isolated northern reserve.
He says the airport is in poor condition and the runway needs to be expanded. He’s been pushing for changes since one person died and nine were seriously injured following a plane crash there in December 2017.
Lori Carr, minister of government relations, says the province didn’t receive a completed application for the project.
She says officials requested in June that the First Nation hand in a full application, but it was not done.
“It should not come down to an application,” Mercredi told a news conference in Regina on Thursday.
“I have told my people that we are getting a runway upgraded so the province (has) created a liar. I’ve lied to my people.”
Mercredi said the province was almost done with the design of the project. He says the First Nation submitted an application in March, but it was incomplete because staff lacked technical expertise.
He wants the province to help finish the application and fund the project, since the government committed to doing so.
“Now that I’ve found out a Moose Jaw airport application was also late and that was accepted by the province, what is going on here?” he said.
“Are they just supporting their ridings? What I’m seeing is racism here.”
“This airport is the only access point for many northern communities and the fact that needed improvements still haven’t been made is ridiculous,” said Opposition infrastructure critic Buckley Belanger.
A runway expansion for Moose Jaw was one of nearly 30 projects the province brought to the federal government in a request for infrastructure funding, which has been the subject of an ongoing dispute between Saskatchewan and Ottawa.
The Saskatchewan NDP said the government has been engaged in “partisan finger-pointing” over infrastructure funding.
Mercredi said he has sent about a dozen letters to the provincial government seeking updates to his proposal and was under the impression the province was still committed to paying for runway improvements.
“Still ’til today no response.”
He said he learned through a news report that the runway wasn’t a priority for the province.
Deputy premier Gord Wyant has said the upgrades are not a priority for the government this budget year.
“What is more important than human lives?” Mercredi asked.
“What kind of government is this when they prioritize landfills before human lives?”
Bobby Cameron, chief of the Federation of Sovereign Indigenous Nations, said applications shouldn’t be the issue and the province should focus on safety.
Mercredi said the Fond du Lac runway isn’t safe for larger aircraft, so people are transported on smaller planes and their flights are consistently delayed.
As well, he said, most of their food is flown in and that’s fallen behind due to having to downsize the planes being used.
Carr said Fond du Lac’s existing runway is safe and the Transportation Safety Board didn’t find the airstrip contributed to the 2017 crash.
The safety board said in a report in December that the pilot of the plane took off despite noticing ice on the aircraft during a pre-flight inspection.
The board said people using remote, northern airports are at substantial risk because of a lack of proper equipment for de-icing planes.
The federal government announced in February that it was spending $12 million for safety upgrades at the airport.
Stephanie Taylor, The Canadian Press
UPDATE: highway 9 now open – Oyen RCMP investigate multiple vehicle collision on Highway 9
Todayville Travel: Part 3 of Gerry’s Yukon Road Trip
Canada’s First Female Astronaut coming to Red Deer for Health Fundraiser
Red Deer’s population grew by 195 since 2015
News1 day ago
UPDATE: highway 9 now open – Oyen RCMP investigate multiple vehicle collision on Highway 9
News8 hours ago
UPDATE: Body of 19 year old recovered from Sylvan Lake
Environment2 days ago
‘Grateful that we had stopped:’ Couple avoids fiery Alberta crash that killed 3
National2 days ago
Liberals block hearings into scathing ethics report on SNC-Lavalin affair
Edmonton2 days ago
LISTEN: THE OUTSIDERS Podcast features Edmonton’s Bryn Griffiths and Robin Brownlee
National2 days ago
Trans Mountain puts contractors on notice to get ready for pipeline restart
Central Alberta14 hours ago
Red Deer Hospice Expansion to serve up to 100 more families each year
Top Story CP2 days ago
Greenland fallout: Trump’s cancelled trip blindsides Denmark