Categories: Sports Disputes

Robert Kraft’s Overwatch Team Files Trademark Opposition Vs. Raptors Ownership

Robert Kraft, Chairman and CEO of the Kraft Group as well as the New England Patriots and New England Revolution, is taking aim at a fellow professional sports team ownership group. Through his company that he created for the esports Overwatch League team that he owns — Kraft Group Overwatch LLC — Kraft is opposing a trademark filing by Maple Leaf Sports & Entertainment Partnership.

The applicant owns the Toronto Maple Leafs and Toronto Raptors.

Kraft’s Overwatch League team is called Boston Uprising. It was one of the first seven Overwatch League franchises announced in July 2017 and the team name was officially announced in October 2017.

The concern that Kraft and his team have is with a trademark filing by Maple Leaf Sports & Entertainment Partnership for “North Uprising.” The application was filed on December 13, 2017 and the opposition was presented by Kraft Group Overwatch LLC on October 29.

In the opposition, Kraft Group Overwatch LLC indicates that it has pending word mark and design mark trademark applications associated with “Boston Uprising” and that it has been selling clothing items and other merchandise under the brand. Maple Leaf Sports & Entertainment seeks to use “North Uprising” for the same class of goods — apparel.

It is pointed out that Maple Leaf Sports & Entertainment filed its application for North Uprising on an intent-to-use basis. Interestingly, both applications filed by Kraft Group Overwatch LLC still have the same intent-to-use designation despite the opposition indicating that the group has been using the marks in commerce.

Kraft Group Overwatch LLC seeks to have the Trademark Trial and Appeal Board determine that Maple Leaf Sports & Entertainment’s trademark application not register based on a likelihood of confusion, mistake or deception within the relevant market.

Recently, another Boston professional sports franchise was active in filing with the Trademark Trial and Appeal Board. In September, the Boston Red Sox filed an opposition against individuals seeking to register the trademark “HAZEL’S GREEN MONSTAH RELISH” based on believed confusion with marks such as “GREEN MONSTER,” “WALLY THE GREEN MONSTER” and “MONSTER.”

Darren Heitner @DarrenHeitner

Darren Heitner is the creator of The Sports Biz. He is the owner of the South, Florida-based HEITNER LEGAL, P.L.L.C., which is a law firm that focuses on transactional, intellectual property and litigation work with a heavy emphasis on sports and entertainment issues. He is also the founder of Sports Agent Blog and an author of 2 books published by the American Bar Association -- How to Play the Game: What Every Sports Attorney Needs to Know (1st and 2nd Editions). Heitner contributed to Forbes and Inc. for many years.

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