With the series tied 1-1 heading into Game 3 of the NBA Finals between the Toronto Raptors and the Golden State Warriors, much talk has been centered on the Raptors’ pursuit to overthrow the latest dynasty to grace the hardwood. However, Raptors’ Kawhi Leonard has become the subject of a storyline off the court.
The Battle of Intellectual Property Rights
Kawhi Leonard’s Registered “The Klaw” logo with the USPTO
On June 3, Kawhi Leonard filed a federal complaint against Nike asking the court to declare that Leonard is the author of “The Klaw,” the logo commonly associated with Leonard throughout his professional career. The complaint further states that Nike committed fraud on the Copyright Office by seeking registration of the logo.
Leonard is the owner of six trademark applications with the United States Patent and Trademark Office (USPTO). Three applications include “The Klaw” logo for use with various goods and services such as basketballs, backpacks, and apparel.
The issue is Nike’s alleged ownership of the logo. United States Copyright Law grants owners the exclusive right to display their works as they see fit. Without the ability to reproduce the logo, Leonard’s trademark registrations are essentially useless. But copyrights are assigned solely to the authors of the works, and therein lies the rub. The complaint states Leonard created the logo in “late December 2011 or January 2012”; however, Nike’s copyright registration claims the company authored the logo in 2014. The facts surrounding these dueling timelines will play a vital role in the court’s determination.
The Nike Agreement
Even if Kawhi Leonard created “The Klaw,” that may not be enough. After being selected in the 2011 NBA Draft, Leonard signed a contract to provide “personal services and expertise in the sport of professional basketball and endorsement of the Nike brand and use of Nike products.” Such contracts usually include a “work for hire” provision, which typically read as follows:
Athlete hereby unconditionally and irrevocably transfers and assigns to Company all right, title and interest, including all intellectual property rights, in and to all materials, including all works of authorship, developed with Athlete’s involvement or by or on behalf of Athlete hereunder as part of the Services or otherwise in connection with this Agreement (“Works”). Athlete agrees to complete and provide Company with any documents requested by Company to evidence Company’s ownership of such Works as well as the assignment of any and all rights.
The complaint mentions that any personal services provided did not constitute copyrightable material and/or constitute a “work for hire.” However, the complaint fails to attach the contract. If a transfer of rights language is included, Leonard’s claim fails, and Nike has a claim for ownership rights in “The Klaw.”
Will Leonard Prevail?
Nike has a history of staunchly defending intellectual property rights, so the company will not go down without a fight. It took Roger Federer until April 2019 to reclaim the rights to his “RF” logo despite leaving the company to sign a 10-year deal with Japanese clothing brand, Uniqlo, in 2018. New York Times reporter Marc Stein reported that the Los Angeles Clippers looked into purchasing “The Klaw” from Nike in order to boost their anticipated free-agency pitch for the coveted star. Settlement or purchase may be the best bet to resolve what may be Leonard’s toughest case on (or in) the court.
Aside from the NBA-ABA merger, there has not been a more significant seismic shift in the landscape of the league than the fallout from the 2019 NBA Finals. The pending free agency destinations of Kevin Durant and Klay Thompson have been discussed all season. Now, both are heading into free agency injured. Both will miss either all or most of next season with an Achilles and ACL respectively. Over half the league has to tear up their offseason plans for the NBA Draft and free agency and formulate new ones. Not even the breakup of the Michael Jordan led 1998 Bulls created this much drama.
2019 NBA Free Agency Questions Center Around Durant and Thompson Injuries
The Knicks, Nets, Lakers, Clippers, Celtics, 76ers, and Pelicans. all planned on at least making a pitch to Durant and Thompson. Now, Any team attempts to sign them knows it cost close to $40M in salary for a guy who won’t play (much) in 2019-20. All superstar free agents want to be paired with another superstar. How many teams and other superstars will be willing to put any championship aspirations or salary cap space on hold for another year?
Every decision by every front office from the Knicks to the Lakers, and on up to Warriors will be based upon where Durant and Thompson sign. And, every decision by all the top free agents not named Kawhi Leonard will be contingent upon the KD and Klay.
What do the Houston Rockets and GM Daryl Morey do? Do they keep the team together now that the Warriors are seemingly out of the way?
The Lakers seemingly can no longer be in the market for Thompson and Durant. LeBron is getting old and they must capitalize on the window this season with the Warriors crippled.
Can the Knicks or Nets land Kyrie Irving with KD despite his injury?
Did the Raptors convince Kawhi Leonard to stay?
Have Kyrie Irving’s viable options decreased because Durant is not healthy?
Whether he stays or leaves Toronto, the Kawhi Leonard trade has been a massive success. Will more teams take an aggressive approach for player rentals this offseason?
Following a third straight playoff exit to LeBron James and the Cleveland Cavaliers, Masai Ujiri knew something had to change for the Toronto Raptors. Ujiri realized that the Raptors had maxed out their potential with their current core. Even with LeBron taking his talents to the Lakers, Ujiri still believed that DeMar DeRozan, Kyle Lowry, and coach Dwane Casey could never get over the hump as a unit. Something drastic had to change.
Enter Kawhi Leonard. Yes, the same Kawhi Leonard who won the NBA Finals MVP in 2014. It’s also the same Kawhi Leonard who played nine games in 2017-2018 after a long battle with the San Antonio Spurs and their medical staff over a lingering quadriceps injury.
Masai Ujiri threw all of his chips into the middle like Teddy KGB and bet it all on Kawhi Leonard. To reiterate, Leonard’s mysterious injury was still up-in-the-air. Plus, Leonard never said he would resign with Toronto. However, Ujiri took the risk because it bought him one year to put a potential rebuild on pause and go for it all.
The Raptors traded franchise legend DeRozan, center Jakob Poeltl and a protected first-round pick in 2019 for Kawhi Leonard and an aging Danny Green. A few weeks prior, Ujiri fired reigning Coach of the Year, Dwane Casey, and promoted his assistant, Nick Nurse. It was safe to say Ujiri was not a fan favorite for not only trading away DeRozan, but for making a bold move for a superstar that by every indication would sign with a team in Los Angeles in the summer of 2019. Ujiri not only traded a fan favorite in DeRozan, but he traded Kyle Lowry’s best friend. In fact, Lowry felt betrayed and didn’t speak to Ujiri until midseason. Speaking of midseason, Ujiri gambled again by trading Jonas Valanciunas, Delon Wright, CJ Miles and a 2024 second-round draft pick to the Grizzlies for Marc Gasol this past February.
Fast forward to now and the Raptors are one game away from winning an NBA Championship against one of the best teams ever assembled, the Warriors. Just a season ago, Leonard’s medical battle with San Antonio overshadowed just how good Leonard is and could be. Leonard has carried the Raptors and the entire city of Toronto on his back this postseason. During this historic postseason run, Leonard is averaging 31.1 ppg and 9.1 rpg. Leonard has scored a remarkable 30 points or more in 14 of 22 playoff games this postseason.
What’s even more remarkable is that win or lose, Leonard could be a one-and-done in Toronto. Ujiri knew the risks of trading for a rental in Leonard who has given zero indication on where he will end up in the offseason. However, in this instance, a high risk led to a high reward as the Raptors made the NBA Finals and could win their first championship in franchise history.
ESPN Sources: New Orleans EVP of Basketball Operations David Griffin has started to provide Anthony Davis' trade suitors with the framework of the package he's seeking in a deal —- which is likely to need multiple teams to complete. Story: https://t.co/hKZcySwpsG
Players change their minds all the time. The Thunder traded for Paul George knowing that in a year, he may leave for the Lakers. However, the gamble paid off as George resigned with the Thunder. The same may happen with Leonard and the Raptors. Leonard and his success could be an exception, but there’s no doubt that the Raptors have inspired front offices especially in smaller markets to consider gambling on rental or one-and-done players. According to Adrian Wojnarowski, Kawhi Leonard’s success in Toronto seemed to embolden factions of Anthony Davis’ nonpreferred and smaller-market destinations to probe New Orleans on trades.
Take Daryl Morey’s “5 Percent Theory,” which states if you have at least a 5 percent chance to win the title, you should be focused on doing whatever it takes to win a title. If Kevin Durant leaves Golden State for New York and Kawhi Leonard for Los Angeles, the balance of power will once again shift. If you’re the Knicks and Durant signs with you, why wouldn’t you mortgage your future to acquire Davis, who will be a free agent next offseason? A duo of Durant and Davis (even if it’s for one year) skyrockets the Knicks into the upper echelon of the Eastern Conference.
Take another team like the Portland Trail Blazers. Damian Lillard and CJ McCollum proved why they’re one of the best backcourts in the league as they brought the Blazers to the Western Conference Finals. Even with a healthy Jusuf Nurkic, can the Blazers reach the NBA Finals with their current roster? What’s to say the Blazers package McCollum, Nurkic, and draft picks for Anthony Davis. Would you make that move if you’re Portland and get no promise from Davis that he’ll sign long term? That deal may not be on the table, but being aggressive to capitalize on Lillard’s prime is the right idea.
Kawhi Leonard is shooting an efficient 45.2% from the field, 40.0% from 3-point range and 93.8% from the free throw line in the #NBAFinals#NBAFinals Advanced Stats Game 5 Insights: https://t.co/l0UmwoRaxb
The worst place to be in the NBA is mediocrity. Either compete for a title or rebuild. Fighting for the last playoff spot every year and then losing in the first round will get you nowhere. The Kawhi gamble may end up sticking this offseason if more teams take a similar, aggressive approach to upgrading a roster. That may not happen, but for the Raptors, the gamble worked.
After the dust has settled, two teams remain in the Warriors and Raptors. The Warriors were expected to be here while the Raptors were not necessarily the top choice out of the East. The Warriors are going for four titles in five years, but the narrative is not around their play on the court, but rather, the player that they’re missing in Kevin Durant. The Raptors one year gamble on Kawhi Leonard paid off as they reached their first NBA Finals ever. Can the Warriors win a championship without Durant? Can Kawhi slay the defending champs? Here are my preview and prediction for the NBA Finals 2019: Warriors vs. Raptors.
Biggest Storyline
Where Will Kevin Durant and Kawhi Leonard end up in the offseason?: Not to take anything away from this series, but the biggest storyline is the impending free agency decisions for Kevin Durant and Kawhi Leonard. I compare it to going to the beach and seeing a dark cloud on the horizon. You should enjoy the beach, but all you can think about is the storm that’s on its way. Both Durant and Leonard have been rumored to be leaving Golden State and Toronto respectively for almost a year. If Durant doesn’t play at all, does that signify he’s leaving the Warriors? If Kawhi wins the title, does that make him more inclined to stay? Both questions will be asked after every game this series no matter what happens.
Kevin Durant’s Calf: It’s not every day that the best player in the game is an x-factor, but that’s exactly the case here. Kevin Durant has been sidelined the past five games with a strained right calf and will miss Game 1. Most teams would falter without their best player. The Warriors aren’t like most teams as they have gone 5-0 since Durant exited the lineup. That being said, the Warriors are a better team when Kevin Durant is on the floor. I don’t care how many games or titles the Warriors won without Durant. KD was averaging 34 points per game before his injury. Without KD, more pressure is on Steph Curry, Klay Thompson, and Draymond Green to deliver. From a psychological standpoint, Toronto has to feel like they have a better chance of winning the series without Durant in the lineup. Can you blame them? Also, don’t forget about the health of Demarcus Cousins and Andre Iguodala. Both should play in this series at some point, but I doubt they will be 100%.
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Pascal Siakam: The real X-factor for the Raptors is Pascal Siakam. The future Most Improved Player of the Year took a monumental leap this past season. Siakam improved in almost every statistical category with the most notable advancement coming in the form of his points per game average, which increased from 7.3 to 16.9. With all of the focus going towards Kawhi, Siakam needs to be a viable scoring threat as the Raptors’ second option. More importantly, Siakam will have to contain the pick and roll between Steph Curry and Draymond Green. If Siakam can hold his own on switches against Steph, the Raptors will keep games close.
Matchups To Watch
Pick and Roll Offense versus Switching Defense
The Curry-Draymond pick and roll combo can be a nightmare for opposing defenses. If you hedge out too quickly, Steph can hit Draymond on a roll to the basket. If you sag off, Steph will have a field day from 3. Just ask the Blazers how sagging off worked. On the flip side, Kawhi Leonard has been very good in the playoffs when he runs pick and roll and has a 47.9% scoring frequency in those situations. How will both the Warriors and Raptors defend pick and rolls? I’m expecting both teams to switch on most, if not all, pick and rolls because of their versatility. Leonard, Siakam, Danny Green, and Serge Ibaka for Toronto and Thompson, Green, Durant (if he plays), and Andre Iguodala for Golden State can switch all matchups and guard all of the positions (to an extent). Whichever team is more successful with pick and roll defense will have the edge in the series.
Steph Curry vs. Kyle Lowry: Before the playoffs started, if you saw this matchup on paper, it’s a huge mismatch in favor of Curry. The “Lowry disappears in the playoffs” narrative has somewhat disappeared this postseason thanks to an improvement in Lowry’s defense and clutch shooting. That being said, Curry has been on an unreal tear since Durant’s injury. In the past five games (all Warriors wins), Curry has averaged 35.8 ppg, 7.6 rpg, and 6.6 apg. Lowry cannot stop Steph, but he needs to contain him. In crunch time, do no be surprised if Kawhi is guarding Steph especially if Durant isn’t playing. If Steph dominates this matchup, the Warriors will win in 4 games.
Kawhi Leonard vs. *Insert Golden State Player*: As important as Steph Curry’s defender will be, the Warrior to guard Kawhi Leonard is just as crucial. Leonard has been unstoppable these entire playoffs with averages of 31.2 ppg, 8.8 rpg, 3.8 apg, and 1.6 spg. Good luck stopping Leonard. Luckily for Golden State, they have a few capable defenders that can guard multiple positions. Klay Thompson, Draymond Green, Kevin Durant, and Andre Igudola will all be on Leonard at some point. The plan is simple: Force Leonard to pass the ball. Expect a lot of traps to force the ball out of Leonard’s hand. As I said earlier, good luck stopping Leonard because so far, no team has slowed Kawhi down.
Steph is obviously the play to win Finals MVP since he has not won this award in any of the Warriors’ previous finals appearances during this run. However, if you’re getting Kawhi at +225, I would sprinkle some money there. The Warriors outside of Steph to watch is Klay Thompson. +800 for Klay is a steal.
For a series bet, I’m not sure how you could bet against Golden State. I firmly in the camp that the Warriors win the series, but if I’m looking for a game that the Raptors can win, it’s either Game 1 or Game 2. Since the Warriors are 18-1 SU in Game 1s of playoff series since 2015, the game to bet on the Raptors is Game 2. Plus, the current line for Game 1 is Warriors +1.5. I’m not betting against the Warriors as underdogs.
Warriors vs. Raptors Prediction
Warriors in 5: On paper, the Raptors match up well with the Warriors even with Durant on the floor. Toronto has the better bench and Leonard has been the best player in the playoffs. However, when it’s winning time in the fourth quarter, are you going to trust the team who has won three out of four titles or the team making their first finals appearance in franchise history? Look for Kawhi to go off this series, but in turn, the Warriors to neutralize the Raptors’ supporting cast. The Warriors win in five games and Steph Curry destroys the false narrative that he’s not good in the NBA Finals by winning MVP.
What are your predictions? Comment with your thoughts below or join in the conversation on Twitter@UnAfraidShow.
