Monster energy Drinks is coming for the Raptors logo, and they would win

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The Raptors are pretty darn hot right now which means their logo is EVERYWHERE. From storefront windows to desserts to every. single. head in Toronto (and across the country), that claw-marked basketball can be seen spread all over the nation. The only problem? The Raptors don’t actually have a trademark on it. Uh oh!

In fact, the Raps may lose out on that logo entirely if a legal dispute with Monster Energy doesn’t go their way. The drink company recently made another move in their ongoing case against the sports franchise to block their trademark, arguing that the logo is too similar to their own Monster Energy “M.”

About Monster
A monster is often a type of grotesque creature, whose appearance frightens and whose powers of destruction threaten the human world’s social or moral order.
Animal monsters are outside the moral order, but sometimes have their origin in some human violation of the moral law (e.g. in the Greek myth, Minos does not sacrifice the white bull Poseidon sent him to the god, so as punishment Poseidon makes Minos’ wife, Pasiphaë, fall in love with the bull, and she copulates with the beast, and gives birth to the man with a bull’s head, the Minotaur). Human monsters are those who by birth were never fully human (Medusa and her sisters) or who through some supernatural or unnatural act lost their humanity (werewolves, Frankenstein’s monster), and so who can no longer, or who never could, follow the moral law of human society.
Monsters pre-date written history, and the academic study of the particular cultural notions expressed in a society’s ideas of monsters is known as monstrophy.Monsters have appeared in literature and in feature-length films. Well-known monsters in fiction include Count Dracula, Frankenstein’s monster, werewolves, mummies, and zombies.

Monster Energy Drinks is coming for the Raptors logo, and they might win

About Energy
In physics, energy is the quantitative property that must be transferred to an object in order to perform work on, or to heat, the object. Energy is a conserved quantity; the law of conservation of energy states that energy can be converted in form, but not created or destroyed. The SI unit of energy is the joule, which is the energy transferred to an object by the work of moving it a distance of 1 metre against a force of 1 newton.
Common forms of energy include the kinetic energy of a moving object, the potential energy stored by an object’s position in a force field (gravitational, electric or magnetic), the elastic energy stored by stretching solid objects, the chemical energy released when a fuel burns, the radiant energy carried by light, and the thermal energy due to an object’s temperature.
Mass and energy are closely related. Due to mass–energy equivalence, any object that has mass when stationary (called rest mass) also has an equivalent amount of energy whose form is called rest energy, and any additional energy (of any form) acquired by the object above that rest energy will increase the object’s total mass just as it increases its total energy. For example, after heating an object, its increase in energy could be measured as a small increase in mass, with a sensitive enough scale.
Living organisms require exergy to stay alive, such as the energy humans get from food. Human civilization requires energy to function, which it gets from energy resources such as fossil fuels, nuclear fuel, or renewable energy. The processes of Earth’s climate and ecosystem are driven by the radiant energy Earth receives from the sun and the geothermal energy contained within the earth.

For a refresher, here’s the side-by-side:

Monster Energy/Toronto Raptors logos
Monster Energy/Toronto Raptors

When the Raptors changed their logo in 2015 from the basketball-dribbling dino they’d been sporting since their conception in 1995, Monster quickly moved to block it, writing in court documents, “[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 its goods.”

Monster Energy Drinks is coming for the Raptors logo, and they might win

Monster Energy has been using their green “M” logo since the drinks were first introduced in 2002. The latest iteration of the Raps logo is newer than that, but Raptors owner Maple Leaf Sports and Entertainment countered that the design is “the same or substantially the same” as an alternate logo they’ve been using since 1995, meaning they’ve had the look longer.

The lawsuit has been ongoing for four years now and in May 2019, Monster moved to block the Raptors’ argument that the old logo’s use of three claws predated Monster’s. The decision now rests with U.S. Patent and Trademark Office.

A Washington, D.C. trademark lawyer broke down what exactly that could mean. Josh Gerben writes, “If somehow Monster Energy would manage to win this case, it could have a preclusive effect in federal court, which means that Monster Energy could force the Raptors to change their current logo.

“I view that as extremely unlikely, but it’s ultimately a possible outcome of this case.”

While Gerben seems to be pretty confident, the part of the case that’s most concerning is that the Raptors literally don’t own their current logo, which isn’t a great position to be in.

For now though, we’ve got some NBA Finals to worry about.