Apple's Mighty Mouse sued over name
Summary: Apple and CBS are the targets of a trademark infringement suit being brought by Man & Machines over the use of the name “Mighty Mouse."The company claims that it began selling waterproof and chemical-resistant computer mice (pictured at right) under the Mighty Mouse brand name in 2004.
The company claims that it began selling waterproof and chemical-resistant computer mice (pictured at right) under the Mighty Mouse brand name in 2004. A year before Apple announced its first multi-button computer mouse (pictured middle), under the same name. CBS owns the trademark to the 1940s cartoon character Mighty Mouse (pictured at left).
The Man & Machines suit argues that CBS did not have the rights to license “Mighty Mouse'' to Apple for computer devices because its trademark did not extend to that class of goods.
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Talkback
And what exactly makes Man and Machines an interested party in this?
They want the rights to the name
They want to claim the name for their mouse in order to sue Apple for using the name on their own mouse.
But Apple's came out first
Ah never mind
ok.....
But Apple's came out first
RE: Apple's Mighty Mouse sued over name
That would make me an interested party.
So why make CBS mad?
using a rather famous brand name. Had
they kept low key they probably could
have sold a few more.
Now they have presented themselves to
the Legal Dept at CBS in a big way and will
find that is not a fun position to be in.
Look for CBS to start their own
(expensive) legal actions. The fact that
Apple went to CBS and paid for the rights
to the name for their own mouse is a
pretty good indication that CBS does have
right to the name.
Had to read the article a few times . . .
They'd better pray that the judge rules in their favor over the "class of good" issue. Otherwise, CBS is going to ask "okay - when did [i]you[/i] license our trademark?"
. . . and their website is pretty suspicious. The "Mighty Mouse" user manual has a copyright date of 2007, not 2004. Although that could just be the date it was last updated.
And while we're at it, it looks like their mouse is a niche product designed for certain environments. I think Apple's mouse "overwhelmed" M&M's product simply because M&M didn't market their product enough, and marketed to a niche market. I don't think it'll be easy to show maliciousness or ill intent.
Seriously, when is the last place you saw an M&M Mighty mouse in a store anywhere? You can get Apple mice at Apple's own stores, and you can get Microsoft and Logitech mice at your local computer shop.
It's not like M&M was ever a major brand or sold to a large audience. In fact, their product looks very niche and unlikely to appeal to a large audience. If their customers are concerned enough about their mice being specialized to be waterproof and chemical resistant, I think it would be obvious they're not looking for Apple's product.
Apple's move to license the trademark from CBS makes sense - whether valid or not, they at least prevented themselves from being sued by CBS.
. . . and if Apple was "infringing" all this time, why did M&M wait so long to sue them?
In any case, Apple and CBS are both large enough to make this case drag on and cost M&M a lot of money - perhaps it's best if M&M withdraws or settles.
RE: Apple's Mighty Mouse sued over name
RE: Apple's Mighty Mouse sued over name
I'd say Man & Machine has a case.
:)
re:re
It would appear that two companies in different markets are fighting over a trademark name that isn't even that similar. As such, CBS would be the rightful owner of the trademark and have all the right to license to Apple. Man & Machine would not have any case whatsoever.
However that case referred to a company name not a product name, which would have different precedents. I do recall that the different markets argument would work in such a case. So, Man & Machine would have a case.
However, they are a small company(probably with a single legal advisor) suing two larger ones who have legal teams on retainer, hired, leashed etc. The legals costs would be overwhelming for them. However, what they could gain from Apple settling out of court would probably be more than they've made on the Mighty Mouse line in the past 4 years(probably something like a few million, which Apple and CBS could easily sneeze at).
If it goes to court, I don't think Man & Machines will gain much, even if they win a settlement.
Furthermore, Apple tends to outlast others in the trademark battles: consider the recent iPhone one. Apple's team has experience in this area. Id say Apple told them to go play with themselves when Man & Machines sent the threat, so they were forced to sue.
While the cartoon 'Mighty Mouse' was effete and embarrassing,
What the heck are you talking about Toad? <nt>
RE: Apple's Mighty Mouse sued over name
In Total Agreement
Steve Jobs doesn't steal junk or he would have named his company EDSEL instead of APPLE.
Why file for trademark protection in Dec 18 07?
Opposition" - cute.
Game to protect their right to use the name, yet big billing
on ZDNet. Surprised?
Gives apple a chance....
RE: Apple's Mighty Mouse sued over name
Say that you file in your home state of oregon for example, you then own the trading space in that state. If you never do business outside of oregon, and someone in maine uses your trademark and then sells all over the US besides Oregon, then they have a claim for usage rights for 48 or 49 states.
So watch this when you file for a trademark. Actually get out there and use it, put up a website, talk to people about it, put it on business cards, letterhead, articles that you write, etc. This establishes that you're using it in the market. Then when someone comes along and takes it from you, you can then back up your claim by producing evidence of usage.
That will help win things over.
MM
Except you read it wrong. M&M were first.