Apple sued over Mighty Mouse
Trademark tango
A US hardware manufacturer is taking Apple and broadcasting corporation CBS to court over the Mighty Mouse name.
Mighty Mouse as seen in Apple's eye...
Man & Machine has, since 2004, sold its Mighty Mouse - a waterproof and chemical resistant optical mouse for medical, industrial and marine applications. The firm has filed suit in Maryland, US alleging that Apple’s Mighty Mouse, on sale in wired and wireless forms since 2005, infringes a trademark owned by M&M for use of the name Mighty Mouse.
Mighty Mouse as produced by M&M...
Apple licensed the right to use the name Mighty Mouse from US broadcaster CBS, which owns the name through its rights to the 1940s cartoon show - Mighty Mouse.
...and Mighty Mouse as created by the Terrytoons studio
So Apple is in the clear, right? Not so according to M&M, which argues that CBS has no right to license the cartoon show’s name to a computer mouse.
In the suit, M&M said that “Apple's use of the Mighty Mouse trademark has and will continue to overwhelm M&M's use”.
The firm’s seeking undisclosed damages and a court order preventing Apple from using the name Mighty Mouse for its mice.
COMMENTS
Huh?
I thought that Apples Mighty Mouse has been around longer than M&M's 2004 claim. and I think its time that Mars Candies should sue Mouse maker 'm&m' for brand name infringement..
@Vernon Lloyd
"/Paris cause even she can see hypocracy"
So you share an English/spelling teacher with Paris?
Don't claim it was ironic - that would be hypocrisy.
Mine's the one with the OED & Roget's in the pockets, and "PEDANT" across the back......
@ Re: Paul @Pau;
"Apple have a long history of releasing products without finding out if there is oter products on the market that are the same (Look up iPhone and Apple records, to name a few)"
When did Apple Computer bring a product called Apple Records to the market?
But that's by the by. I just googled "Mighty Mouse" on the UK Google and oddly enough, the only mention of the M&M product in the first 120 results is in hits linking to this thread on El Reg or in other tech publications (mostly el reg!). All the other hits are references to the Cartoon and parodies in science and sport and a genetically modified genuine might mouse.
In fact the only reference to the M&M MM is hit 124 (currently out of stock). In my opinion (FWIW) M&M would probably have a hard time claiming any rights to the name.
On the Apple web-site, at the bottom of the Mighty Mouse page it says.
"Mighty Mouse © CBS Operations Inc. All Rights Reserved"
What does that mean? is it that the 2 words are copyright or what? What does the "all Rights Reserved" actually mean?
shakey lawsuit is shakey
The internet wayback machine shows M&M using 'Mighty Mouse' in 2004, while Apple didn't start until 2005, but...
Mighty Mouse trademark was owned and abandoned in 2004 by one William T Wilkinson of New Jersey. He also owned the TMs Mighty Mulch and Comfort Mouse. Trademark squatter? I don't know.
M&M's TM application wasn't filed until Dec 18, 2007. CBS applied for the TM in respect to computer mice on Jul 9, 2007.
My guess is that M&M didn't bother with legal action until their use of the mark was threatened. Now they're fighting it. I think that they would have been wiser to fight it in 2005 - they may have lost their chance now.
RE: @Paul.
Ah. I see. Your another person who like to sound off without knowing what you are talking about the.
Man and Machine are actualy quight a large company (Look them up)
The Copyright seems to have been licensed from CBS for Apple advertiseing using the cartoon. (Look it up)
Apple have a long history of releasing products without finding out if there is oter products on the market that are the same (Look up iPhone and Apple records, to name a few)
It is possible that M&M have lost there right to sue, but there is also an argument that M&M may not have been aware of Apples mouse. It may be a well known product, but the name is not.
As for asking you to look back at the other posts, I appologise. I did not realise that only 2 had been posted. My bad.
