“Apple and CBS are being sued for trademark infringement by a competing interface manufacturer,” Andy Space reports for 9 to 5 Mac.
“The case against Apple and CBS was filed by a firm called Man and Machine,” Space reports. “It alleges Apple began selling its Mighty Mouse over one year after Man and Machine began selling waterproof and chemical resistant mice under the same name to labs and hospitals in 2004.”
“Apple licensed use of the Mighty Mouse brand from CBS,” Space reports.
Full article here.
MacDailyNews Take: The very, very worst outcome for Apple? Settle it with petty cash and/or change the name back to “Apple Pro Mouse.” Done. Oh, and from whom did Man and Machine license “Mighty Mouse?”
Related articles:
Apple debuts Wireless Mighty Mouse – July 25, 2006
Dr. Mac: ‘Mighty Mouse is the finest mouse Apple has ever produced’ – August 09, 2005
The Boston Globe: first shipments of Apple’s Mighty Mouse ‘sold out almost immediately’ – August 08, 2005
Mercury News: Apple’s Mighty Mouse looks ‘like the world’s most carefully crafted bar of soap’ – August 08, 2005
AnandTech: Apple’s Mighty Mouse ‘isn’t exactly perfect’ – August 05, 2005
NY Times’ Pogue: ‘I certainly prefer the Mighty Mouse’ to Apple’s standard one-button mouse – August 04, 2005
Apple’s Mighty Mouse dissected (with image) – August 04, 2005
The Motley Fool: ‘Mighty Mouse may be the next step in Apple’s quiet crusade to lure Windows users’ – August 04, 2005
Mossberg pans Apple Mighty Mouse, says Microsoft’s latest mouse is better – August 04, 2005
Review: Apple’s Mighty Mouse – Third-party USB mouse makers should be very afraid – August 03, 2005
Apple’s new ‘Mighty Mouse’ provides audio feedback for clicking and scrolling – August 02, 2005
Apple introduces multi-button ‘Mighty Mouse’ with ‘Scroll Ball’ for Mac and Windows – August 02, 2005
Mighty unbelievable!
Actually, I’m sure CBS will counter sue (and win). Case closed.
s-ooo
This “Man & Machine” company owns the rights to the name of the old cartoon character, then ?
Methinks, they may have opened a can of worms. I am sure that the term Mighty Mouse has been in use before 2004.
From Wikipedia:
“Mighty Mouse is an animated superhero mouse character created by the Terrytoons studio for 20th Century Fox.
He was created by storyman Izzy Klein as a super-powered housefly named “Superfly,” but studio head Paul Terry changed the character into a toon mouse instead. Originally created as a parody of Superman, he first appeared in 1942 in a theatrical animated short entitled The Mouse of Tomorrow. The original name of the character was Super Mouse, but it was soon changed to Mighty Mouse when Paul Terry learned that another character with the same name was being published in comic books. Super Mouse appeared briefly in the Marvel comic book interpretation of the character, and was nicknamed “Terry the First”, as he was the first version of the character.”
Hey, that’s ridiculous…I watched my favorite Mighty Mouse cartoon as a kid…whoever owns that cartoon is the one with credibility to sue. Besides, isn’t this a little bit late?? Apple’s Mighty Mouse has been out a couple of years or so, hasn’t it?? Why all the screaming now?
It’s time for Apple to build a better mouse.
Get rid of the ball.
Maybe the city of Boston should sue the rock group Boston. Maybe all of Europe should sue the rock group Europe. Yes, I’m showing my age, I guess. Animal conservationists should sue the Eagles. Hurry up with the iPhone…this stuff is boring.
they could just thank apple for their whole business as they wouldnt be making mouses if apple hadnt have brought it to market.
Sounds like inexpensive publicity. To bad MDN took the bait. Is it important to report all these “me to” law suits?
I want a 10 button mouse with no actual buttons…each area giving tacile, lighted up vibrating feedback, just like the future iPhone.
Maybe CBS licensed both Man & Machine and Apple to use the trademark, and Man & Machine feels that CBS broke the terms of the license in giving Apple a license for a similar product. In other words, maybe Man & Machine is suing CBS for two-timing them. If Man & Machine has the rights to the trademark, they have to sue Apple for using it, because there is no trademark or copyright police. You have to enforce your own trademarks and copyrights or lose them.
It may be that the two licenses are compatible and both can use the name, but Man & Machine has to raise the issue.
Why not change the name from mighty mouse to SUPER-MOUSE?
Why pay anyone?
They will probably claim CBS did not do enough to defend the “brand.”
When is Apple going to release a mouse with a multi-touch surface so I don’t have to keep cleaning the scroll ball?
This suit won’t go anywhere. The trademark is for an entirely different class of product, and in no way will this stand up in court. The key here is use classes of the trademark. A laboratory mouse and a computer mouse, and a cartoon mouse for that matter, are all different uses, and this is clearly defined by the trademark laws. Otherwise, an apple growing trade group would have barred Apple Inc. and Apple Records from even using the name.
It’s a frivolous lawsuit. If I were the judge, I would totally ream the knucklehead attorneys of the plaintiff for bringing the matter to a his or her courtroom.
Case dismissed. There’s nothing to see here, folks.
When will the US ever have significant tort reform? I mean real reform, not the last trumped up shift in favor of corporations, but something of value. Probably the day after the Redmond MS campus freezes over…
May be MAC MIGHTY MOUSE or MIGHTY MAC MOUSE or SUPER MAC MOUSE…..many choices
Trademarks are only intended to be protected for a company within the industries that company operates in.
For example, Apple may have the term “Leopard” protected for naming operating systems, maybe even in the broader software and computing market, but a quick Google search found “Leopard, Inc.” doing marketing communications, “Golden Leopard” selling jewelry, and “Leopards, Etc.” doing, well, actual wild cats. None of these infringe each other because they are separate industries.
Thus, Man and Machine may have a valid trademark claim for the term “Mighty Mouse” for computer mouse products, since CBS may never had sold computer mice under that name before.
That said, more widely known and unique trademarks are considered to have protection across broader definitions of their industries, and thus, CBS may be considered to own the trademark “Mighty Mouse” for computer products.
It’s all a matter of degree, and how the courts choose to interpret prior claims. And that’s why law is messy.
And that’s why they’ll almost certainly settle out of court, since if it goes to court, no one can safely predict the outcome, and none of these companies will want to risk the costs of losing a court case.
Well that took the Trademark tolls long enough to find! How long has Apple’s mouse been out?
Why not call it: Mac Geek Mouse, or just as it is pronounced Magic Mouse.
To be magic, it should however the iPhones touch screen should be able to be used via Bluetooth as an external mouse for a PowerBook or MacBook, then it will certainly be a Magic Mouse feature
Another cool idea from a cool place, Greenland
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This is why the patent process is sooooooo out dated. Products that are patented should be a real working selling product before the patent is valid. Otherwise, to freak-in bad. Also claims on previous products should be made within weeks after, not years after someone else comes out with a product with a similar or exact name. Also the product should be something that is similar to the other before anyone has the right to sue or even file for a suit. For example does Apple claim there’s is waterproof or chemical proof, no. Does his have a rollerball, probably not. I’m sure he could be sued for having a mouse that looks like a standard 3 button mouse you could find from Logitech. The whole lawsuit thing to get rich quick should not be tolerated by the court system period. That’s all this comes down too.
They would only include a suit of CBS if they bought a license from CBS.
@John, this isn’t a patent issue, it’s a trademark issue.
According to Ars Technica, Man & Machine named their mouse Mighty Mouse. CBS registered the cartoon trademark for computer devices and licensed it to Apple. Man & Machine does not have a license from CBS.
Man & Machine alleges that Apple’s use of the name is for a product that is too similar, which is not permissible, and that CBS’ registration of the name for computer devices is not valid, since their mouse came out before then. However, there is a problem with the timing of Man & Machine’s trademark registration.
Well I have a software title named “Time Machine” that was being sold years before Apple even announced Time Machine in leopard. Should I sue? They are just money hungry.
All you wannabee patent lawyers obviously failed your bar exams.