has experience in many areas of intellectual property law, including patent prosecution and licensing, trademarks, design protection and litigation. As a lawyer at the firm, Erika combines her passion for innovation and commercialization, by counseling clients through invention mining, IP filing and licensing strategies, branding and overall informed IP focused decision-making for a global marketplace.
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Torontonians may have accepted the loss of Kawhi Leonard, but another Raptors asset is still at risk: their newest logo. As detailed here, the Raptors are tipping off against energy drink company, Monster, who allege the Raptors’ logo—featuring a clawed-up basketball—is confusingly similar to their own claw-mark logo. Since first filing their United States trademark opposition suit in 2015, Monster has continued their court battle against the Raptors for the last four years with no known resolution to date. Monster has a whopping 176 trademarks active in Canada at this time. Their most recognizable and widely used mark contains three jagged vertical gashes, resembling those from a claw, in the shape of the letter M. Since 2002, Monster has used the claw-like logo on everything from their beverage products, to event sponsorships, to clothing. The Raptors, on the other hand, have only been using their clawed-up basketball logo since 2014, when they underwent a brand redesign, and do not own a federal trademark registration for the rebranded mark in Canada.
A recent trademark infringement case between Stork Market Inc v. 1736735 Ontario Inc. (Hello Pink Lawn Cards Inc), 2017 FC 779 has resulted in a win for the plaintiff and retribution in the amount of $30,000. The copyright and trademark case deals with competitors in the business of renting and installing lawn signs for special occasions such as birthdays, anniversaries, and graduations. The trademark infringement case is based on claimed infringement of Stork Market Inc. and its registered trademarks of two images of a stork holding a baby above its head and under a banner that states the sex of the baby