I don't think so. CBS should have immediately sued M&M (and there's another trademark infringement) for infringement when their so-called "Mighty Mouse" was introduced, or offered them to license the name. CBS was lax in enforcing their trademark.
If they are very small, and sell into an industry that CBS isn't familliar with, they may not have known about its use, until M&M filed on their own.
Also, CBS does have to apply for the extension. Until they receive it, they may feel as though suing isn't viable. small companies don't always feel that way. Often, they believe they have to strike first.
Neither Apple nor M&M should have to license the name "Mighty Mouse" from CBS as their products bear no relation whatsoever to the steroid-using cartoon mouse and could not, under any cicumstances be confused for one another.
Depends on the recognizability of the name and the type of product. If I released a 'Dove' mouse, there is little chance that P&G would be able to stop me (I think they're the owners of the Dove soap trademark). There is no risk of confusion and a person hearing the word 'Dove' is not likely to immediately think of the soap.
OTOH, if I created a mouse called "Mercedes Benz", I'd be stopped.
In this case, 'Mighty Mouse' is immediately recognizable as CBS property. Virtually anyone over the age of 30 who hears 'Mighty Mouse' is going to immediately think of the cartoon character. That means that any unlicensed use of the name dilutes CBS's trademarks.
It's not that simple and it's possible that CBS would lose their registration, but that doesn't seem likely.
If Apple were to lose this case, in spite, they should call it the Mitey Mouse or Mightier Mouse.l
Or Apple's Mighty Mouse. Always stating it with the associated company should be enough keep it from being confused with a mouse we've never heard of.
Quote:
Originally Posted by skottichan
Actually, it looks like Apple is very much in the right here. They followed the proper channels, licensed the name from CBS (which amuses me that M&M is suing CBS as well for not giving them the license).
Does CBS have right to the name if the product can't be confused? If not, then why is Apple paying them?
The wiki link below has some interesting info on TM rights. One that stands out is that M&M would have had to inform Apple of this infringement. I'm assuming Apple isn't too worried about this, though that doesn't mean they won't have to pay.
I worked for him years ago. Our paychecks were bouncing and all deliveries were COD. His basically ruined a nice third party depot repair company, since we couldn't get parts. The cars we drove for service shouldn't have been able to pass inspection. Plus, his wealthy parents always bailed him out.
M&M house sat for me one weekend, and when I got home all my cooking sherry had been drunk, and my cat was pregnant.
Depends on the recognizability of the name and the type of product. If I released a 'Dove' mouse, there is little chance that P&G would be able to stop me (I think they're the owners of the Dove soap trademark). There is no risk of confusion and a person hearing the word 'Dove' is not likely to immediately think of the soap.
OTOH, if I created a mouse called "Mercedes Benz", I'd be stopped.
But the MM does look a lot like a bar of Dove soap. I certainly don't think of the bird.
Quote:
In this case, 'Mighty Mouse' is immediately recognizable as CBS property. Virtually anyone over the age of 30 who hears 'Mighty Mouse' is going to immediately think of the cartoon character. That means that any unlicensed use of the name dilutes CBS's trademarks.
I'm not sure if that really applies as much. Trademarks of the same word can apply over several dozen different categories. Animation and the related merchandising wouldn't apply to computer peripherals.
Furthuring your statement, the wiki link i supplied above clearly states that suing without basis or intent can work against you. I wish that were moved to other area of our judicial system
"Where one party makes a threat to sue another for trademark infringement, but does not have a genuine basis or intention to carry out that threat, or does not carry out the threat at all within a certain period, the threat may itself become a basis for legal action. In this situation, the party receiving such a threat may seek from the Court, a declaratory judgment; also known as a declaratory ruling."
But the MM does look a lot like a bar of Dove soap. I certainly don't think of the bird.
I'm not sure if that really applies as much. Trademarks of the same word can apply over several dozen different categories. Animation and the related merchandising wouldn't apply to computer peripherals.
Just try calling your next product "Star Wars (Anything)" and see how well that works out.
Just try calling your next product "Star Wars (Anything)" and see how well that works out.
If apple referred to the mouse as being mighty. For instance, "Apple's iMouse is one mighty mouse" they would be okay. I can't find a legitimate sentence for Star Wars.
Mighty Mouse sucks anyway, I dumped it after 2 years or squeezing the damn thing. Why Apple thought squeezing a mouse is easier than pressing a button is beyond me.
Definitely not a Steve Jobs project.
It's too random too, on some of them, they trigger the side buttons almost without pressure, on others, you need a near iron grip to activate. I've never used that feature. The scroll ball jamming is higher on my list of dislikes. The ball rolls, but the computer doesn't respond until I clean it again.
I don't know about this one. I've NEVER heard of Man & Machine or knew about [I]their[I] mouse. I guess their marketing isn't that good or they just market to a niche market.
When I think of Might Mouse, I think of the cartoon. I guess I am showing my age.
Either way, this is just a really childish situation. I think Man & Machine should just remove their trademark paperwork since it hasn't been approved and just call their mouse something else.
Mighty Mouse sucks anyway, I dumped it after 2 years or squeezing the damn thing. Why Apple thought squeezing a mouse is easier than pressing a button is beyond me.
I'd imagine that Apple licensed the Mighty Mouse trademark from CBS because they intended to capitalize on the existing image. M&M probably wanted the association to the Mighty Mouse character, but didn't license the trademark.
That would likely be the argument. I don't see how M&M could win, but the American legal system never fails to amaze.
perhaps we should give the Mars candy people a call, M&Ms have been around a lot longer than mice makers! The company has a case, but why wait 3 years to complain?!
Mzzz had to go through the pay-the-lawyers task of writing letters first before a formal suit could be put into motion. Apple knew about this a long time ago and now we find out with a formal suit being presented. merit or no merit these kinds of complaints have a legal process that can take years to set into motion.
(which amuses me that M&M is suing CBS as well for not giving them the license).
I don't think that statement is an accurate interpretation.
BTW: is anyone else getting HIV google ads on this forum? I don't get it, it's not relevant to me, to the discussion, the general content of the site or any site I've been to.
some of this patent suing is defensive, i quess if you don't go after it, i guess the patent office says you are not defending your patent and legally you lose ground, as per the lawsuit of apple against nyc.
also i thought apple paid the comic "mighty mouse" for that..what give.s
Comments
I don't think so. CBS should have immediately sued M&M (and there's another trademark infringement) for infringement when their so-called "Mighty Mouse" was introduced, or offered them to license the name. CBS was lax in enforcing their trademark.
If they are very small, and sell into an industry that CBS isn't familliar with, they may not have known about its use, until M&M filed on their own.
Also, CBS does have to apply for the extension. Until they receive it, they may feel as though suing isn't viable. small companies don't always feel that way. Often, they believe they have to strike first.
If you look here -> http://www.man-machine.com/products.htm
the Mighty Mouse is the only product with TM after the name.
Is it the only product name they have trademarked?
Looks like they hurried and added the TM (for the lawsuit) but if all products are TM, they should have added it to those also.
What? Why? That makes no sense at all!
Neither Apple nor M&M should have to license the name "Mighty Mouse" from CBS as their products bear no relation whatsoever to the steroid-using cartoon mouse and could not, under any cicumstances be confused for one another.
Depends on the recognizability of the name and the type of product. If I released a 'Dove' mouse, there is little chance that P&G would be able to stop me (I think they're the owners of the Dove soap trademark). There is no risk of confusion and a person hearing the word 'Dove' is not likely to immediately think of the soap.
OTOH, if I created a mouse called "Mercedes Benz", I'd be stopped.
In this case, 'Mighty Mouse' is immediately recognizable as CBS property. Virtually anyone over the age of 30 who hears 'Mighty Mouse' is going to immediately think of the cartoon character. That means that any unlicensed use of the name dilutes CBS's trademarks.
It's not that simple and it's possible that CBS would lose their registration, but that doesn't seem likely.
If Apple were to lose this case, in spite, they should call it the Mitey Mouse or Mightier Mouse.l
Or Apple's Mighty Mouse. Always stating it with the associated company should be enough keep it from being confused with a mouse we've never heard of.
Actually, it looks like Apple is very much in the right here. They followed the proper channels, licensed the name from CBS (which amuses me that M&M is suing CBS as well for not giving them the license).
Does CBS have right to the name if the product can't be confused? If not, then why is Apple paying them?
The wiki link below has some interesting info on TM rights. One that stands out is that M&M would have had to inform Apple of this infringement. I'm assuming Apple isn't too worried about this, though that doesn't mean they won't have to pay.
I worked for him years ago. Our paychecks were bouncing and all deliveries were COD.
WE never get to hear the inside scoop on these companies. Welcome to AI.
I worked for him years ago. Our paychecks were bouncing and all deliveries were COD. His basically ruined a nice third party depot repair company, since we couldn't get parts. The cars we drove for service shouldn't have been able to pass inspection. Plus, his wealthy parents always bailed him out.
M&M house sat for me one weekend, and when I got home all my cooking sherry had been drunk, and my cat was pregnant.
Depends on the recognizability of the name and the type of product. If I released a 'Dove' mouse, there is little chance that P&G would be able to stop me (I think they're the owners of the Dove soap trademark). There is no risk of confusion and a person hearing the word 'Dove' is not likely to immediately think of the soap.
OTOH, if I created a mouse called "Mercedes Benz", I'd be stopped.
But the MM does look a lot like a bar of Dove soap. I certainly don't think of the bird.
In this case, 'Mighty Mouse' is immediately recognizable as CBS property. Virtually anyone over the age of 30 who hears 'Mighty Mouse' is going to immediately think of the cartoon character. That means that any unlicensed use of the name dilutes CBS's trademarks.
I'm not sure if that really applies as much. Trademarks of the same word can apply over several dozen different categories. Animation and the related merchandising wouldn't apply to computer peripherals.
they may feel as though suing isn't viable...
Furthuring your statement, the wiki link i supplied above clearly states that suing without basis or intent can work against you. I wish that were moved to other area of our judicial system
M&M house sat for me one weekend, and when I got home all my cooking sherry had been drunk, and my cat was pregnant.
Stupid candy!
But the MM does look a lot like a bar of Dove soap. I certainly don't think of the bird.
I'm not sure if that really applies as much. Trademarks of the same word can apply over several dozen different categories. Animation and the related merchandising wouldn't apply to computer peripherals.
Just try calling your next product "Star Wars (Anything)" and see how well that works out.
Just try calling your next product "Star Wars (Anything)" and see how well that works out.
That's quite true. Whether or not you're in the right legally, you can still be sued.
Just try calling your next product "Star Wars (Anything)" and see how well that works out.
If apple referred to the mouse as being mighty. For instance, "Apple's iMouse is one mighty mouse" they would be okay. I can't find a legitimate sentence for Star Wars.
PS: If anyone cares, Lucus trademarked Droid.
Mighty Mouse sucks anyway, I dumped it after 2 years or squeezing the damn thing. Why Apple thought squeezing a mouse is easier than pressing a button is beyond me.
Definitely not a Steve Jobs project.
It's too random too, on some of them, they trigger the side buttons almost without pressure, on others, you need a near iron grip to activate. I've never used that feature. The scroll ball jamming is higher on my list of dislikes. The ball rolls, but the computer doesn't respond until I clean it again.
When I think of Might Mouse, I think of the cartoon. I guess I am showing my age.
Either way, this is just a really childish situation. I think Man & Machine should just remove their trademark paperwork since it hasn't been approved and just call their mouse something else.
Just my 2 cents.
Mighty Mouse sucks anyway, I dumped it after 2 years or squeezing the damn thing. Why Apple thought squeezing a mouse is easier than pressing a button is beyond me.
Definitely not a Steve Jobs project.
Round hockey puck mouse rules!
That would likely be the argument. I don't see how M&M could win, but the American legal system never fails to amaze.
perhaps we should give the Mars candy people a call, M&Ms have been around a lot longer than mice makers! The company has a case, but why wait 3 years to complain?!
Mzzz had to go through the pay-the-lawyers task of writing letters first before a formal suit could be put into motion. Apple knew about this a long time ago and now we find out with a formal suit being presented. merit or no merit these kinds of complaints have a legal process that can take years to set into motion.
Okay, one more to cross off of the list.
Next up:
- MacDonalds sues for infringement on "Big Mac" concept. "iMac" is too close.
- Any guy named "Mac" sues. (Class-action, maybe.)
- PETA sues for use of the word "Mouse", which should be reserved for furry rodents.
- Amazon or some League of Librarians sues because MacBooks aren't really "books".
- Anyone who breathes air sues because the "MacBook Air" product is confusing to them.
And so on. Until every creature on the planet has sued Apple at least once, we'll keep
hearing about these, I guess.
But it's ok for Apple to sue every creature on the planet who uses the word "pod".
(which amuses me that M&M is suing CBS as well for not giving them the license).
I don't think that statement is an accurate interpretation.
BTW: is anyone else getting HIV google ads on this forum? I don't get it, it's not relevant to me, to the discussion, the general content of the site or any site I've been to.
also i thought apple paid the comic "mighty mouse" for that..what give.s