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Nuthin’ but a Leaf Thang – Toronto Maple Leafs take issue with Snoop Dogg’s trade-mark application for LEAFS BY SNOOP Logo

By Kwan T. Loh on June 29, 2016
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photo-1445445342298-0b6cc73cba63Maple Leaf Sports & Entertainment Partnership (“MLSE”), the parent company of the National Hockey League’s Toronto Maple Leafs, has requested an extension of time to oppose a U.S. trade-mark application filed by one Calvin Broadus – better known as Snoop Dogg (“Snoop”) – for a logo featuring the words LEAFS BY SNOOP on a leaf-shaped background.

MLSE is the owner of numerous trade-mark applications and registrations in Canada and the U.S. for different iterations of the Toronto Maple Leafs logo, for use with a variety of clothing and souvenir related goods.

For side-by-side comparison, below is Snoop’s logo next to the most recent version of the Toronto Maple Leafs logo.

Mark Image               Mark Image

Snoop’s application covers the goods “cigarette lighters not made of precious metals”.  Snoop also owns a word mark application for LEAFS BY SNOOP, although that application will not be published for opposition by the U.S. Patent and Trademark Office until July 19, 2016.

More information about Snoop’s LEAFS BY SNOOP products is available at his website dedicated to that brand.  Interestingly – and perhaps not surprisingly – the products on the website appear to be cannabis and food products including cannabis.

Snoop also owns a Canadian application to register the words LEAFS BY SNOOP for a broader category of goods, including clothing-related products, edible oils, jams, candies, and live plants.  (Although the Canadian Intellectual Property Office (“CIPO”) is usually known for being strict when it comes to the specificity of goods listed in trade-mark applications, in this case, it did not ask Snoop to provide further specificity as to the “edible oils and jams”, nor the “live plants”.)

Snoop’s Canadian application was advertised for opposition on June 8, 2016.  At this time, it is unclear whether MLSE has opposed – or requested an extension of time to oppose – Snoop’s Canadian application.

TSN, the source that broke news of this potential dispute, reached out to lawyers for both MLSE and Snoop, but did not receive a response.  An IP lawyer at the New York University School of Law provided TSN with his thoughts on the matter, generally opining that MLSE would likely face a tough road should it proceed with its opposition in the United States.

The intersection of pop culture and trade-marks is always a fascinating topic for us here at the Canadian Trademark Blog, and we will be watching with interest to see if this leads to an actual opposition-izzle.

Photo of Kwan T. Loh Kwan T. Loh

Kwan Loh is an associate with the firm’s Technology and Intellectual Property Groups. In addition to being a lawyer, Kwan is also a registered Canadian Trade-mark Agent.

Kwan practices exclusively in intellectual property law, and regularly advises clients how to procure, protect, and…

Kwan Loh is an associate with the firm’s Technology and Intellectual Property Groups. In addition to being a lawyer, Kwan is also a registered Canadian Trade-mark Agent.

Kwan practices exclusively in intellectual property law, and regularly advises clients how to procure, protect, and enforce their intellectual property rights. In particular, he is well-versed in a wide spectrum of trade-mark matters, including the filing and prosecution of trade-mark applications in Canada, the United States and around the world, as well as the handling of trade-mark opposition and cancellation proceedings in Canada.

Kwan is also experienced in managing trade-mark portfolios for clients across multiple jurisdictions, including clearance work and prosecution strategy. As part of this work, Kwan also engages in the negotiation of licenses, assignments and other commercial agreements for clients.

In addition to handling prosecution and solicitor work, Kwan also has experience with trade-mark related disputes, and has appeared before the Federal Court and Federal Court of Appeal in trade-mark related litigation.

Kwan received his Bachelor of Science in Physiology, with Honours, from The University of British Columbia in 2002 and his Bachelor of Laws in 2006 also from UBC. He was called to the Bar of Ontario in 2007 and the Bar of British Columbia in 2010. Kwan is fluent in Mandarin, and conversant in Cantonese.

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  • Posted in:
    Intellectual Property
  • Blog:
    ILN IP Insider
  • Organization:
    International Lawyers Network
  • Article: View Original Source

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