Mouse v. Mouse
Table of contents
Introduction of the issue between Deadmau5 and Disney
Earlier this week, the trademark registration for Deadmau5 (AKA "dead mouse") was caught in a mouse trap with word of Disney sending in a letter to oppose the mark. Joel Zimmerman, electronic music DJ and owner of the stage name Deadmau5, instantly tweeted about the news saying that Mickey better "Lawyer up.",landed home to some interesting news: looks like Disney officially just filed in opposition of my trademark... lawyer up mickey.,— deadmau5 (@deadmau5) September 3, 2014
Deadmau5's response and Disney's argument
So why is this game of "mouse and mouse" in motion? According to Disney, Deadmau5's mark is too similar to their iconic, family friendly, Mickey Mouse. The issue is that two similar marks can potentially cause consumer confusion. Here are the two trademarks below – You be the judge.,Zimmerman stated via twitter that he did not think that Disney's argument will stand. “Disney thinks you might confuse an established electronic musician/performer with a cartoon mouse,” the EDM DJ tweeted. “That’s how stupid they think you are.”,How ever this opposition plays out, Deadmau5 is ready to play hard ball. "Our client will not be bullied by Disney and is prepared to fight to protect his rights to his property,” says Dina LaPolt, Deadmau5’s attorney.
The lesson learned from this issue
From this mouse match, we can take away a lesson learned. If you are a managing a well-known trademark be vigilant of any new marks registered. To see an up-to-date list of registered trademarks with the United Stated Patent and Trademark Office (USPTO), conduct a free search at trademarkia.com
Conclusion
In the ongoing issue between Deadmau5 and Disney, Disney has filed an opposition to Deadmau5's trademark registration. The argument is that Deadmau5's mark is too similar to Mickey Mouse and could cause consumer confusion. Deadmau5 has responded by stating that he does not believe Disney's argument will stand. Regardless of the outcome, Deadmau5 is prepared to fight to protect his rights. This situation serves as a reminder for trademark owners to be vigilant of new registrations.
