Clawing Deeper into the Monster v. Raptors Trademark Battle

“It would be a severe blow to the NBA team’s iconic brand if the Raptors were forced to stop using its new 2014 logo. But the length of the dispute and the number of requests for time extensions suggests that perhaps the two parties have been negotiating a settlement.”

Torontonians may have accepted the loss of Kawhi Leonard, but another Raptors asset is still at risk: their newest logo.

Energy drink company Monster has been engaged in a trademark opposition suit against the Toronto Raptors since 2015. Monster alleges that the Raptors’ logo, featuring a basketball with claw marks, is confusingly similar to their claw-mark logo. The case has been ongoing for the past four years with no known resolution to date.

Monster currently has 176 active trademarks in Canada. Their most widely recognized mark features three jagged vertical gashes, resembling those from a claw, arranged in the shape of the letter M. This particular logo has been used since 2002 and can be found on Monster’s beverage products, event sponsorships, and clothing lines. On the other hand, the Raptors only began using their clawed-up basketball logo in 2014 following a brand redesign. It is worth noting that they do not currently possess a federal trademark registration for the rebranded mark in Canada.

During the cancellation proceedings in the United States, the Raptors invoked a “Morehouse defence” to challenge Monster’s allegations. This defence relied on the use of a 1994 logo.

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