Sneak & Desist: A Toronto Trademark Battle Every Business & Brand Should Understand
TORONTO, ON –
I’ve been a Toronto Blue Jays fan my whole life.
Seeing them play in the World Series feels like a once in a lifetime moment because for me (and many others), it is. The energy in Toronto is electric and to see the city united behind them is incredible.
But in the middle of all the celebration, the Jays’ legal team was busy sending a warning letter to a beloved local bar just a few blocks away.
World Series
/wərld/ˈsirēz/ (n.)
The annual postseason championship play-off series of Major League Baseball (MLB), [nearly] won by the Toronto Blue Jays in 2025.If you are a content creator, a freelancer, a small business owner, or run any kind of brand, this article serves as a very public example of how Intellectual Property (IP) law and, specifically, trademark law, actually works.
You might’ve heard by now that Toronto bar, Sneaky Dee’s, in an attempt to rally fans and promote its World Series watch party, used the official Blue Jays logo and images of players in its social media posts. In response, the legal team for the Toronto Blue Jays (owned by Rogers) requested Sneaky Dee’s remove the posts, citing a violation of their IP rights, including the use of their registered trademarks and copyrights in the images.
When word got out, the internet had opinions. Let’s get into it.
Good Intentions vs. Commercial Use
We know Sneaky Dee’s had good intentions. They weren’t trying to rip anyone off. They were just capitalizing on the city’s excitement to sell some beer and those famous nachos (yum). After all, fans are looking for places to rally together to watch the series since not everyone was lucky enough to snag a golden ticket to the home games. Sneaky Dee’s probably had no idea they were doing anything wrong, as indicated in a statement given to The Canadian Press:
“We just made ... a very simple post and we certainly didn’t think it would get us into any trouble…”
— George Diamantouros, Manager of Sneaky Dee’s
But in trademark law, intentions are often irrelevant.
The problem is that Sneaky Dee’s wasn’t posting as a fan. They weren’t simply cheering on the Jays like most people. The issue is that they used the Jays’ official logo, which is a registered design mark protected under Canadian trademark law, to promote their business and attract customers.
This is a classic example of associative marketing: using a big brand to attract commercial attention to your own, without permission.
Only official club partners can use the Jays’ logo and branding for promotional purposes, which is standard practice in sports advertising, but those partners pay millions of dollars for that right.
If the Jays let every bar, restaurant, and t-shirt shop in Toronto use their logos for free to make sales, they’d dilute their (huge) brand value and those multi-million dollar sponsorships would disappear.
After all, why would any brand pay to be “An Official Partner of the Blue Jays” if anyone can be an unofficial partner?
Use It. Protect It. Enforce it (or Lose It).
It’s the last part that everyone misses.
This isn’t about the Blue Jays being greedy or petty in the post-season. It’s about a core principle of trademark law: you must enforce your rights (or you could risk losing them).
It’s a legal concept called “failure to police.” If you, as a brand owner, don’t take steps to stop others from using your registered mark without your permission, a court could eventually decide that your mark has been abandoned or has become “generic.”
A trademark’s entire function is to act as a unique source identifier. It tells a consumer, “This product/service is from [your] brand.” When other entities start using that mark, consumers may get confused or be misled, the mark gets washed out, and the brand could suffer reputational damage. So, the risks are real.
Think about it:
If the Jays let Sneaky Dee’s do it, they’d be setting a legal precedent. When another national restaurant chain does the same thing, its lawyers would just point to the Sneaky Dee’s post and say, “You didn’t enforce your mark against them, so you can’t enforce it against us.”
If that goes on, their trademark rights get weaker and weaker. Until it’s worthless. So, the Blue Jays need to send these letters. They can’t make exceptions, not even for an iconic, longstanding Toronto establishment.
It’s Not Personal, It’s Policy
To locals, this move is controversial; an unnecessary corporate attack on a family-owned College Street classic. But zoom out and you’ll see that it’s actually part of a consistent, global legal strategy; this isn’t a one-off.
The Blue Jays organization has historically enforced its IP, for example:
the Blue Jays organization filed a trademark opposition against a real estate company trying to register the name “Blue Jay Land” only a few short weeks ago, and
this past summer, the team was in a legal battle to cancel the trademark registration of “BLUE-JAY” by an apparel company in India.
The legal team’s job isn’t to be popular.
It’s to protect the brand, which is one of the most valuable assets the organization owns.
The Lesson for Creators & Businesses
As a creator, your brand is your IP. It’s your most valuable asset and, as your business grows, you’ll need to protect it.
Of equal importance is the need to respect the assets of others. Social media can blur the lines between what’s allowed versus what’s infringement, and it can be tempting to use a famous brand’s logo or an artist’s trending song for promotional content.
In some cases, you might even believe you’re doing the brand a favour by posting about them. After all, who doesn’t love free exposure?
Spoiler: You aren’t. And they don’t.
Using someone else’s IP without a proper authorization, such as a license, to promote your own business, products, or services is direct infringement, which has legal consequences. Good intentions won’t make you any less culpable, and they certainly won't stop a cease and desist letter from landing in your inbox.
* * *
I feel for Sneaky Dee’s but, as a lawyer who represents creators, I’m 100% with the Jays’ legal team on this one. And realistically, they could have hit Sneaky Dee’s a lot harder than they did given the timing of it all. However, sending a cease and desist letter when a trademark get used without permission is considered to be best (and standard) industry practice, and Sneaky Dee’s was quick to comply with the takedown notice.
Sneaky Dee’s publicly shared their experience on social media, turning it into an educational moment for other businesses, including competitors. They also switched up their marketing strategy for their World Series watch parties in an effort to stay legally compliant.
The entire event serves as a clear reminder:
IP law isn’t about feelings. It’s about protecting your assets.
Read Marli Kicz’s interview in the Toronto Star for more information on this news story.
Need help understanding the intricate contracts that govern your creative work, or want to build a strategy for IP protection? Diverge Legal is here to help.
If you’re ready for representation that understands the difference between a data point and your dream, contact Diverge today.
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