Apple and CBS sued over Mighty Mouse name, lawyers come to save the day
By Joshua Fruhlinger 
posted May 21st 2008 1:22PM
posted May 21st 2008 1:22PM
[Via The Inquirer]
posted May 21st 2008 1:22PM
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They should have been sued for calling it "Mighty" when it clearly isn't ;)
Actually, I take that back. It's not actually a BAD mouse; it just gets very filthy very easily.
Apple should sue Don for using the name iMus...
Considering there is a mouse already called the "Might Mouse", I say Apple is in trouble. Apple should have spent more money in researching the mouse market.
So "Mighty Mouse" is a valuable trademark because it is associated in the public consciousness with a familiar CBS cartoon character. Apple, apparently, did the honorable thing (or maybe what their lawyers told them was the smart thing, after their long battle with Beatles/Apple) and licensed the name from CBS.
This other company just appropriated the name, expecting to take advantage of the name recognition afforded by CBS's property without having to pay for it. Except that Apple, probably unwittingly, interfered with that nefarious scheme.
So now the scumbags are suing both CBS and Apple for interfering with their plot to exploit CBS's trademark without paying for it.
@ Trill
CBS does not, and could not own the right to stop the use of MIGHTY MOUSE for every use of that term. Trademark rights are based on use OF THAT TYPE OF PRODUCT, or a similar type of product. Since CBS never used MIGHTY MOUSE for computer mice or any other type of computer peripheral, or any electronics whatsoever, M&M had every right to use the mark. To say they "appropriated" the term or are "scumbags" adds nothing to the debate, and just makes you seem like a raving fan boi.
M&M is protecting ITS trademark (which it acquired by prior use on computer mice). This is probably an open and shut trademark case, with none of the facts on Apple's side.
As has been stated before, you can't just come up with a name and expect that no product will ever be named the same ever in the course of time. I just can't go out and create a new hamburger and call it the big mac. But if I want to go create a tennis shoe, and call it the big mac, it in no way interferes with anyone's rights.
Unless a good number of people associate it with one of McEnroe's nicknames. But that's a whole other can of worms.
It is my professional legal opinion that this suit needed to be presented years ago.
Man & Machine might have a bit of a problem. I did a search on the USPTO site (uspto.gov), and discovered the following:
1) Man & Machine registered their "Mighty Mouse" trademark in December 2007 with a First Use in Commerce date of 2004-03-16.
2) CBS registered their "Mighty Mouse" trademark *on computer mice* in July 2007 with a First Use in Commerce date of 2005-08-02.
3) A William T. Wilkinson had a live "Mighty Mouse" trademark for computer mice from November 27, 2000 thru November 22, 2004 when it was abandoned.
A bit of additional research reveals that Apple released their Mighty Mouse in August 2005.
So, yes, Apple released their Mighty Mouse a bit over a year after Man & Machine first used the name in commerce. *However* Apple released their Mighty Mouse nearly two *years* before Man & Machine registered their trademark. On top of that, you lose a trademark you don't protect, and Man & Machine has waited nearly 3 years to sue Apple.
I would like eek-a-mouse or eek-a-penis more :D
It doesn't matter that Apple started selling its Mighty Mouse two years before M&M filed for their registration. What matters is that they used it in commerce first. Sure, they have to prove that, but all that takes is some advertisements from that time (like one quarter-page ad in a medical journal is sufficient). Similarly, if that advertisement, or M&M's sales of its Mighty Mouse covered enough of the country, then its use will give it federal rights throughout the whole country.
Even if their use wasn't too extensive, they would have common law trademark rights that would trump CBS and Apple's earlier registration where they used it. If that area is important enough (like M&M sold their mice to hospitals throughout California and New York), that is effectively the same thing, because Apple would still be blocked from two huge markets.
The fact that M&M didn't sue until now is irrellevant. 3 years is not enough time for an argument that they have abandoned their duty to enforce.
Your facts actually show that M&M has a very strong case. Not a weak one.
Man & Machine, Inc. declines to discuss its trademark-infringement complaint against Apple, Inc. and CBS Corporation, the underlying merits of the case, or any related settlement discussions, since the litigation remains pending. Meanwhile, we remain committed to protecting our rights to the MIGHTY MOUSE trademark and also to finding a fair resolution for all involved parties.
Man & Machine designs and manufactures a completely customizable line of hygienic, cost-effective, water-resistant computer keyboards and mice. They are distinguished by their ability to be washed and disinfected, and matchless in their rugged, sealed design, 100% latex-free silicone construction ideal for medical, healthcare, dental, and institutional environments – the best of breed choice anywhere safety, durability and user health are priorities.