Apple Sued Over Mighty Mouse Name
Man And Machine, a purveyor of peripherals for Hospitals and Labs, is suing Apple and CBS. Man and Machine claims that they started selling their “Mighty Mouse”, a chemical and water-resistant mouse, a year before Apple came out with their mouse with the same title. Man and Machine claims that when CBS sold the rights to the name of their Superhero mouse to Apple, they were selling rights that weren’t theirs. They company claims that there earlier sale of the device trumps the sale of rights.
M & M does acknowledge the fact that CBS had the rights to the name “Mighty Mouse”, but in they say that CBS didn’t own the rights to a technology version of the name, as CBS’ name only applies to cartoons.
“Because of Apple’s size, fame and large advertising budget, Apple’s use of the Mighty Mouse trademark has and will continue to overwhelm M&M’s use of its Mighty Mouse trademark and will cause M&M to lose the value of that trademark,” the lawsuit reads.
Despite the fact that a dollar amount has yet to be attached to the suit, M & M is seeking damages, attorney fees, and a Court Order to prevent Apple from using the name.
Via [Mac Megasite]
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Three things.
1. CBS will lose, because it is true. Might Mouse is acknowledged as a cartoon character for CBS and that is more than likely true because the trademark/copyright (whatever it would be in this case) has only been applied to the CBS version.
2. Apple actually may have a chance at losing. Originally I thought otherwise, but after re-reading the article M&M;does hold the rights to the Mighty Mouse name if condition 1 is true.
3. M&M;is doing something totally wrong. They produce industry grade products, the Mighty Mouse is not industry grade, it’s consumer.
on May 22, 2008 at 09:20 PM - LINKWell, if CBS loses, Apple loses. They’re fighting together, from what I’ve heard. Agreed on 2 & 3, but M & M doesn’t.
Another thing to consider is the legal strength of CBS and Apple’s legal departments. They both undoubtedly have legions of lawyers, and a small time Industrial tech firm like M & M may just lose by lack of shear legal force and skill.
on May 22, 2008 at 09:27 PM - LINK