Disney Goes to Battle with Deadmau5 over Mouse Ears Logo

[neoshinok]

Disney executives are locked in a battle with dance music star Deadmau5 over allegations his logo is too similar to the company’s iconic image of Mickey Mouse.

The Ghosts ’n’ Stuff hitmaker applied for a trademark last year to use his brand to cover a diverse range of products including electrical and scientific equipment, toys and sporting goods.

Disney bosses began investigating the registration in March because they are convinced the DJ’s signature headgear and logo bears a striking resemblance to their beloved cartoon character.

They took legal action on Tuesday in a bid to stop Deadmau5, real name Joel Zimmerman, having the trademark approved in the U.S. and claim granting his application will damage Disney’s business worldwide.

http://www.torontosun.com/2014/09/03/disney-goes-to-battle-with-deadmau5-over-mouse-ears-logo

 

[216bruce]

I'm amazed it took this long. I'm guessing that it's a good sign of popularity for Deadmau5 that Themaus is taking action. This'll be fun to watch unfold.

 

[maxairmike]

Well, Deadmau5 just made it a bit more interesting. He sent them a notice that they're using Ghosts n' Stuff illegally. I'll definitely be grabbing the popcorn for this.

 

[xdan0920]

I'm glad they are. That guy is a weirdo.

 

[lazyboy97o]

All of these headlines and a lot of the articles make it sound as if Disney is pursuing Deadmau5 for trademark infringement and they are not. It is a protest to a registration process, not a cease and desist or lawsuit seeking damages. Even if the US Patent and Trademark Office agrees with Disney's protest and rejects the registration, that does not mean Deadmau5 is prevented from using his logo. It all seems more like an attempt to gain some publicity by Deadmau5.

 

[Mouse Trap]

Well, Deadmau5 just made it a bit more interesting. He sent them a notice that they're using Ghosts n' Stuff illegally. I'll definitely be grabbing the popcorn for this.

All Disney has at stake for this one is a 60 second or so clip using his music. He's in a battle not worth fighting.

I hope he's aware of Disney's financial firepower. They've spent more on MK fireworks last year than he's seen his whole life.

 

[lazyboy97o]

All Disney has at stake for this one is a 60 second or so clip using his music. He's in a battle not worth fighting.

I hope he's aware of Disney's financial firepower. They've spent more on MK fireworks last year than he's seen his whole life.

Financial power really is not an issue nor is there much of a battle at the preset time. A rejection for registration does not mean he has to stop using the logo or has to pay Disney.

 

[Bairstow]

I'm amazed it took this long.

Same here.

While there are important differences between his logo and the Mickey head (particularly the shape of the ears and the area where they connect to the head) the overall shape of his design looks like it was an intentional parody of Disney's established shape. There's strong defense of parody in copyright law, but not in trademark, and notice how in their press release Disney has specifically said that they have no problem with his using his maushead design or shapes in his performances (which would be a copyright issue).

While Disney's usually one of the worst abusers of IP law, I think they're in the right here.

 

[lazyboy97o]

Same here.

While there are important differences between his logo and the Mickey head (particularly the shape of the ears and the area where they connect to the head) the overall shape of his design looks like it was an intentional parody of Disney's established shape. There's strong defense of parody in copyright law, but not in trademark, and notice how in their press release Disney has specifically said that they have no problem with his using his maushead design or shapes in his performances (which would be a copyright issue).

While Disney's usually one of the worst abusers of IP law, I think they're in the right here.

Not obtaining registration does not prevent a trademark from still being used.

 

[216bruce]

Not a lawyer (and I don't play one on TV), but it's REALLY obvious that this is in some way, shape, or form a "borrowing" of Mickey's three-circle-head-shape-thingy. There's a reason the guy picked it and it's not because he just happens to like it when circles/spheres attach.
My guess is it gets settled out of court and everyone remains fabulously wealthy (especially the lawyers).

 

[lazyboy97o]

Not a lawyer (and I don't play one on TV), but it's REALLY obvious that this is in some way, shape, or form a "borrowing" of Mickey's three-circle-head-shape-thingy. There's a reason the guy picked it and it's not because he just happens to like it when circles/spheres attach.
My guess is it gets settled out of court and everyone remains fabulously wealthy (especially the lawyers).

It's going to be settled out of court because nothin is going to court. It is a letter of protest filed with the US Patent and Trademark Office. If he loses, he still gets to use the logo.

 

[FoozieBear]

I don't think it was right for Disney to go after Deadmau on this one. The two characters look completely different, with the exception that they both have big ears. Plus, Deadmau has been in the game for over ten years, why did it take them so long to catch onto him, and why in the world are they going after him when his tiny music income is having no effect on the company.

I'm surprised by this move on Disney's part. I'm also surprised they never went after "Mighty Mouse". Now that looks exactly like Mickey, plus the font even looks exactly the same.

 

[Voxel]

I don't think it was right for Disney to go after Deadmau on this one. The two characters look completely different, with the exception that they both have big ears. Plus, Deadmau has been in the game for over ten years, why did it take them so long to catch onto him, and why in the world are they going after him when his tiny music income is having no effect on the company.

I'm surprised by this move on Disney's part. I'm also surprised they never went after "Mighty Mouse". Now that looks exactly like Mickey, plus the font even looks exactly the same.

I believe that only the name Mighty Mouse was trademarked if I am not mistake, Apple got into a lawsuit concerning it a while back.

 

[lazyboy97o]

I don't think it was right for Disney to go after Deadmau on this one. The two characters look completely different, with the exception that they both have big ears. Plus, Deadmau has been in the game for over ten years, why did it take them so long to catch onto him, and why in the world are they going after him when his tiny music income is having no effect on the company.

Disney acted now because the application for registration was only relatively recently filed. Trademarks do not have to be registered and for whatever reasons he waited to file for US registration.

 

[FoozieBear]

Disney acted now because the application for registration was only relatively recently filed. Trademarks do not have to be registered and for whatever reasons he waited to file for US registration.

Not sure if it was a reliable source, but I read somewhere that Deadmau had his mouse character patented about ten years ago.

 

[lazyboy97o]

Not sure if it was a reliable source, but I read somewhere that Deadmau had his mouse character patented about ten years ago.

A patent is not a trademark.

 

[DVCPluto]

I've never heard of this guy, so if it's a publicity stunt, bravo Deadmau.

I can understand wanting to have big ears, but did he have to steal Mickey's buttons, too? That's just wrong.

 

[Bairstow]

I've never heard of this guy, so if it's a publicity stunt, bravo Deadmau.

I can understand wanting to have big ears, but did he have to steal Mickey's buttons, too? That's just wrong.

Not a "stunt."
He's been using the logo and helmet...head...thing for years, and only recently is Disney objecting.

 

[lazyboy97o]

Not a "stunt."
He's been using the logo and helmet...head...thing for years, and only recently is Disney objecting.

Because he only recently filed for registration.

 

[216bruce]

Then there's this new development....
http://www.hollywoodreporter.com/thr-esq/deadmau5-says-disney-approached-him-740615