Big news in the world of luxury goods: earlier this week, French multinational LVMH (Moët Hennessy Louis Vuitton SA) acquired renowned jeweler Tiffany’s for $16.2bn. According to Reuters, one of the biggest draws for the luxury conglomerate was the breadth and value of Tiffany’s IP. The famous Tiffany packaging, boxes of trademarked “Tiffany Blue” tied with white satin ribbon, might be more pricey than any jewels. “We’re [now] the owner of a colour”, said Bernard Arnault, CEO of LVMH. “It’s a pretty rare thing.”
Brion Raffoul wishes all the budding scientists, computer scientists, engineers, and mathematicians a Happy National STEM Day. Without STEM careers, patent law would not have developed to what we know it as today. If any budding scientists or engineers need some motivation to continue on the STEM path, here are some historical Canadian patents for inspiration!
For example, one of the first electric light prototypes (before Edison’s) was patented in 1874 by Canadian inventors Henry Woodward and Mathew Evans. Unable to secure investors, Woodward sold the rights to the US Patent to Edison in 1879. Edison later bought a share in the Canadian rights.
By Stacey Dunn
Brion Raffoul will be closed on October 14, 2019 for Canadian Thanksgiving. The Canadian Intellectual Property Office is also closed, so any patent or industrial design deadlines falling on October 12 to 14, 2019 are extended to October 15, 2019.
Brion Raffoul and Leber IP Law enjoyed a great evening at Captive Escape Rooms last night! Escape rooms are a great team building exercise that Brion Raffoul has used in the past. Everyone has to work together in a time crunch situation to escape!
Brion Raffoul was happy to welcome US Patent Attorneys Celia Leber and Dave Robertson to Ottawa and we wish them safe travels home.
By: Edward Wu
Despite the Toronto Raptors’ historic win last night, they may have some trouble ahead with their, now iconic, logo. Monster Energy is suing the Toronto Raptors over the clawed basketball logo. Documents from the U.S. Patent and Trademark Office’s (USPTO) Trial and Appeal Board (TTAB) show that the two companies have been fighting over the “claw” style logos since 2015. Monster Energy claims that the Raptors’ logo of a clawed-up basketball is too similar to Monster Energy’s claw logo:
Monster Energy’s Logo
Monster’s “claw” logo is of three jagged vertical gashes. The company has used the three gashes since 2002. The Raptors’ old “claw and a basket ball” trademark was filed with the USPTO in 1994 and registered in 2003.
Raptors’ Old Logo
In 2014, the Raptors redesigned the team’s logos and filed US trademark applications for the following:
Raptors’ New Logos
In May 2015, Monster Energy opposed the Raptors’ new US trademark applications. Over the past 4 years, the two companies attempted to settle the case but failed to reach a settlement by 2018, when the case went into discovery.
A recent document shows that Monster Energy filed a motion for partial summary judgement stating that the equitable defense of prior registration that the Raptors asserted is only available when the marks and goods/services in the subject application are essentially the same as the mark and goods/services in a prior registration. Monster Energy argues that the Raptors’ Trademarks are not substantially identical to the prior registration. Namely, the Raptors’ design was changed from independent claws and a basketball to claws within a basketball. Furthermore, one of the new marks added the words “TORONTO RAPTORS”, which is not found in the old mark. Monster also states that the Raptors described the new marks in very different ways, and they intended to create new marks for evolving the aging Raptors brand. The TTAB has yet to decide the outcome of the motion.
The trademark fight extends to the Raptors’ home court, Canada. Monster Energy opposed the Raptors’ Canadian trademark application for the “TORONTO RAPTORS” logo in December 2016. Interestingly, the Raptors successfully registered their new logo without the “TORONTO RAPTORS” on March 10, 2017 with the Canadian Intellectual Property office (CIPO).
Monster Energy may try to bring down the Raptors’ trademarks, but nothing can take away from last night’s win!
Natalie Raffoul as a Campaign Cabinet Member helped the 2nd Annual Charity Skiathon double its net proceeds for the Boys and Girls Club of Ottawa (BGCO).
The firm was also a proud Sponsor of the day and recruited other business leaders to join its ski team for a gorgeous day at Camp Fortune.
Over $150,000 was raised in one day(!) for the BGCO, an organization supporting Ottawa’s children and youth since 1923, by specializing in after school and weekend programs for kids aged 6 to 18.
To see some great local coverage of the event, please follow these links: