FoozieBear
Well-Known Member
That's really interesting. It's funny how Disney approached him about using his mouse character but then sued him just a few months later. Make up your mind Disney.
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Disney Goes to Battle with Deadmau5 over Mouse Ears Logo
- Thread starter neoshinok
- Start date
lazyboy97o
Well-Known Member
There is no law suit. This is just about trademark registration. If he loses he continues about his business as he had been for years already.
WDW Monorail
Well-Known Member
This guy is a clown. I've hated Joel for years. He is extremely disrespectful and manipulative. He will use this as an ego
boost to himself somehow.
boost to himself somehow.
lazyboy97o
Well-Known Member
Regardless of the outcome there will not be much in terms of visible changes.Waiting for the already stated (many times) response....
alissafalco
Well-Known Member
Disney should keep him from using it. It's a blatant rip off.
FoozieBear
Well-Known Member
Any updates on this story? Haven't heard anything in a while.
Bairstow
Well-Known Member
I think you mean "obvious parody" but unfortunately for Deadmau5 there's not a lot of protection for parody in our trademark laws.
lazyboy97o
Well-Known Member
Failure to be granted registration of a trademark does not mean use of the trademark must be stopped. If deadmau5 loses his situation and ability to use his logo remains exactly the same as it has been.
Bairstow
Well-Known Member
...but it invites everyone else to start selling Deadmau5 logo products without paying him a dime.
So the situation would not change except that the office's decision would be seen as a signal to others how the wind will blow in this situation.
Edit: also, @alissafalco 's post was anticipating an infringement suit from Disney against the artist to enjoin his further use of the logo, which hasn't happened yet, but would be the next step if they intend to pursue this.
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lazyboy97o
Well-Known Member
No, it does not. Trademarks do not have to be registered. Any time you see ™ that means the trademark is not registered.
Bairstow
Well-Known Member
No, they don't have to, but if the office explicitly denies registration it's unlikely a court would defend the trademark in an infringement suit.
A potential infringer then, to this trademark, would be much, much less risk-adverse to attempting to profit off the use of the image.
It's not quite open-season, but close to.
alissafalco
Well-Known Member
Regardless, he needs to find a new logo. If I was Disney Id put a stop to that real quick.
lazyboy97o
Well-Known Member
Failure to achieve registration is not a prejudicial action, nor is it the action of a court. It just means the holder must continue to go through the larger burden of proof required of not being registered when they pursue action against others.
R W B
Well-Known Member
What's the point of putting "TM" on your logo then?
lazyboy97o
Well-Known Member
To denote its usage as a trademark and that the business will seek to defend it.
Honestly, I think deadmau5's lawyers long assumed that Disney would contest registration in the US and this is why it was put off for years after seeking registration in other jurisdictions. Just guessing, but I think Disney using his music is probably what changed their minds.