Comments on: Apple… and CBS?… sued over Mighty Mouse http://www.crunchgear.com/2008/05/21/apple-and-cbs-sued-over-mighty-mouse/ Gadgets, gear and computer hardware. Sun, 23 Nov 2008 13:10:24 +0000 http://wordpress.org/?v=2.6.3 By: Richard Campbell http://www.crunchgear.com/2008/05/21/apple-and-cbs-sued-over-mighty-mouse/#comment-703197 Richard Campbell Wed, 21 May 2008 18:19:10 +0000 http://www.crunchgear.com/?p=26697#comment-703197 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. 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.

]]> By: Gerald http://www.crunchgear.com/2008/05/21/apple-and-cbs-sued-over-mighty-mouse/#comment-703026 Gerald Wed, 21 May 2008 15:44:48 +0000 http://www.crunchgear.com/?p=26697#comment-703026 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. 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.

]]>