ManAndMachine
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Mighty Mouse trademark awarded to Man & Machine, Mister Trouble can stop hanging around now (updated with analysis)
Trademark registration number 3691042, you just made someone very happy. This week, the US Patent and Trademark Offices awarded Man & Machine with the rights to the name "Mighty Mouse" when it comes to computer mice / "cursor control devices." So of the two peripherals shown above, it seems the beaut on the right is the one with legal claim to the moniker. Good thing, too, since its claims on "Cool Mouse" and "Really Cool [Mouse]" died just before Christmas last year. We gotta say, it looks as good of a time as any to replace the old point-and-click, eh Apple? Update: Nilay here, with some trademark law nerdery for you. This trademark has a long and convoluted history, as you'd expect. CBS and Man & Machine actually both filed for the Mighty Mouse mark as it relates to computer mice in 2007 -- and CBS actually filed for it first, in May. Here's the kicker, though -- Man & Machine not only filed for this particular trademark in December of that year, but it also simultaneously sued Apple and CBS over their use of the name. Saucy! Both trademark applications were then put on hold while that case was sorted out -- and after two years of bickering, they finally settled the case and CBS abandoned its registration in June of this year, allowing Man & Machine to resume its registration. Since Apple and CBS were essentially precluded from opposing that renewed registration, it more or less sailed right through, and here we are. Simple, innit? Oh, and for our occasionally misguided friends in the media: it's important to note that CBS and Man & Machine were the involved parties here, and they ultimately settled their dispute out of court. Apple was simply along for the ride, since its agreement was with CBS. If you're going to run with any sensational version of this, we'd suggest something along the lines of Apple screwing this up by not just buying Man & Machine for this mark years ago -- we're certain it would have been cheaper than the millions everyone's undoubtedly spent litigating this since. Got that? Good. [Via TechCrunch] Read - USPTO database entry for Man & Machine's "Mighty Mouse" registration Read - Man & Machine's Mighty Mouse product page
Company sues CBS and Apple over 'Mighty Mouse' name
A firm named Man and Machine is suing both Apple and CBS for trademark infringement for using the Mighty Mouse name to describe a computer input device. Man and Machine makes hygenic water- and chemical-resistant keyboards and mice for hospitals and laboratories. Man and Machine claims CBS (who owns the cartoon property, which may or may not be pictured) did not have the legal authority to license the name to Apple. Man and Machine holds a trademark for use of the Mighty Mouse name in conjunction with an interface controller. It claims it first used the term in 2004, but only filed for the trademark in December 2007. CBS's trademark (which covers Apple's device) was filed in July 2007, indicating its first use was in 2005 (when the Mighty Mouse came out). Thus the tension. It's unclear if Man and Machine licensed the Mighty Mouse name (as Apple did) and whether or not that will influence the outcome. [via 9-to-5 Mac]
