Apple… and CBS?… sued over Mighty Mouse
- May 21st, 2008
- 2 Comments
Apple and CBS are being sued over the name “Mighty Mouse” &mash; but not in the way you think. A company called Man and Machine created a chemical resistant mouse called Mighty Mouse in 2004. Then Apple licensed the name “Mighty Mouse” from CBS and began selling their own model. Man and Machine believes that CBS had no right to license the trademark to Apple as their trademark was on a fictional character while MaM’s was ostensibly on a pointing device. Hilarity, I’m sure, will ensue.
Gerald (Who am I?)
3 months ago
Someone needs to brush up on your Trademark Law… because there ARE exceptions for names that have an inherent value.
For example: If I make a product called “Rough Cut” the makers of the 1980 Burt Reynolds film will have no claim because the name “Rough Cut” doesn’t evoke a particular image. If, however, I make a product and try to call it “Gone With The Wind” or “From Here to Eternity” I will get sued to oblivion.
“Mighty Mouse” is a well known, unique combination of words used in trade for a multitude of products (not JUST cartoons). As a category for computer mice didn’t EXIST when the mark was granted, and the mark is still being used in trade, the owners of the mark (CBS) has a claim if they can prove that the use of those two words in that order evokes products made by them or their licensees.
So, why doesn’t Dominos Pizza get sued by Domino Sugar? Because the average person identifies the word “Domino” with a small tile used in a game.
Likewise Pep Boys CAN get sued for selling “Big Macs” in a tire promotion, even though McDonald’s doesn’t sell auto parts.
Richard Campbell
3 months ago
Just a FYI. A movie or song or book name cannot be trademarked or have a copyright attached. Hence numerous songs with the same name - especially love songs.
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