New To Mac-Forums?

Welcome to our community! Join the discussion today by registering your FREE account. If you have any problems with the registration process, please contact us!

Get your questions answered by community gurus Advice and insight from world-class Apple enthusiasts Exclusive access to members-only contests, giveaways and deals

Join today!

 
Start a Discussion
 

Mac-Forums Brief

Subscribe to Mac-Forums Brief to receive special offers from Mac-Forums partners and sponsors

Join the conversation RSS
Apple Rumors and Reports Discuss what's going on with Apple in this forum

The Mighty Mouse Got Sued!


Post Reply New Thread Subscribe

 
Thread Tools
Skyrider007

 
Skyrider007's Avatar
 
Member Since: Jul 07, 2007
Location: Loughborough, England
Posts: 449
Skyrider007 is on a distinguished road
Mac Specs: 15" MacBook Pro (Early 2008) 2.4GHz 4GB RAM running 10.5.4

Skyrider007 is offline
I don't see the point of this law suit... at all!



Quote:

Apple Inc. picked up a new lawsuit this week, as Man & Machine, a computer peripheral company, sued Apple and CBS over Apple's use of the name "Mighty Mouse" for its Macintosh mouse. Man & Machine have been manufacturing and marketing a water and chemical resistant mouse under the same name since 2004, approximately one year before Apple introduced its own Mighty Mouse.

The lawsuit largely accuses Apple of being a bully company intent on confusing the marketplace with its use of Mighty Mouse. "Because of its size, fame, and advertising budget" M&M wrote in its complaint, "Apple's use of the Mighty Mouse trademark has and will continue to overwhelm M&M's use" of the trademark.

"Apple's use of the trademark Mighty Mouse for its computer mouse is likely to give consumers the misimpression that the larger, predatory junior user (Apple) is the source of the smaller senior user's (M&M's) goods," the company added.

If you're wondering where CBS comes in, the media company and television network licensed the name to Apple prior to the release of Apple's Mighty Mouse. The lawsuit alleges that CBS had no right to do so, despite owning the trademarks associated with the original Mighty Mouse cartoon, and that's because CBS's trademark doesn't cover computer peripherals.

M&M, however, claims to own a trademark for the Mighty Mouse name that very specifically covers, "Computer cursor control devices, namely, computer mice." The lawsuit adds that CBS filed for a trademark for Mighty Mouse that would cover computer mice, but did so "substantially" later than M&M had already done so.

The lawsuit is seeking monetary damages, and is trying to force Apple from using the name Mighty Mouse in its mouse line.

Source: The Mac Observer, http://www.macobserver.com/article/2008/05/21.3.shtml
The Original Mighty Mouse from M&M, which do you prefer?

QUOTE Thanks
mikepugs

 
mikepugs's Avatar
 
Member Since: Sep 19, 2007
Location: West Chester, PA
Posts: 218
mikepugs is on a distinguished road
Mac Specs: 15" Macbook Pro 2.66 GHz, 4GB 1067 MHz running Snow Leopard

mikepugs is offline
Anyone ever even heard of M&M's mouse? Sounds kind of pointless to me. I don't think they will be able to prove damages, as it seems like something specialized that someone who wanted that type of product wouldn't get confused with Apple's mouse...

l 8GB iPhone 3G l 15" Macbook Pro l Powerbook G4 15" l 8GB iPod Touch l 4GB iPod Mini l
QUOTE Thanks
eric

 
eric's Avatar
 
Member Since: Nov 04, 2006
Location: twin cities, mn, usa
Posts: 8,801
eric has a reputation beyond reputeeric has a reputation beyond reputeeric has a reputation beyond reputeeric has a reputation beyond reputeeric has a reputation beyond reputeeric has a reputation beyond reputeeric has a reputation beyond reputeeric has a reputation beyond reputeeric has a reputation beyond reputeeric has a reputation beyond reputeeric has a reputation beyond repute

eric is offline
doesn't matter. that's what big companies have lawyers for, to research this stuff before they name it, or to buy out/crush smaller companies who rightly fight back.

this is not frivilous at all in my estimation.

Please participate in our Member of the Month polls. Every vote counts! And remember to use the user reputation system!
["Dear Homer, I. O. U. one emergency donut. Signed, Homer." - Note by Homer Simpson]
QUOTE Thanks
harryb2448

 
harryb2448's Avatar
 
Member Since: Nov 28, 2007
Location: Nambucca Heads Australia
Posts: 16,922
harryb2448 has a reputation beyond reputeharryb2448 has a reputation beyond reputeharryb2448 has a reputation beyond reputeharryb2448 has a reputation beyond reputeharryb2448 has a reputation beyond reputeharryb2448 has a reputation beyond reputeharryb2448 has a reputation beyond reputeharryb2448 has a reputation beyond reputeharryb2448 has a reputation beyond reputeharryb2448 has a reputation beyond reputeharryb2448 has a reputation beyond repute
Mac Specs: iMac i5 2.7GHz OS X.9.4

harryb2448 is offline
You know if it was not for lawyers, we wouldn't need lawyers.

And a quote from an anon. source....

Not all lawyers are rogues and scoundrels..some are crooks!
QUOTE Thanks
Kash

 
Kash's Avatar
 
Member Since: Dec 03, 2006
Location: Irvine, CA
Posts: 9,385
Kash has a brilliant futureKash has a brilliant futureKash has a brilliant futureKash has a brilliant futureKash has a brilliant futureKash has a brilliant futureKash has a brilliant futureKash has a brilliant futureKash has a brilliant futureKash has a brilliant futureKash has a brilliant future
Mac Specs: Black Macbook C2D 2GHz 3GB RAM 250GB HD iPhone 4 iPad 3G

Kash is offline
Seems to me that it all boils down to CBS's patent on whether it applies to computer mice. If so, then M&M is pretty much SOL.


June 2007
July 2009
QUOTE Thanks
CoG888

 
Member Since: May 28, 2007
Location: Denver
Posts: 53
CoG888 is on a distinguished road
Mac Specs: MacPro Quad 2.8 w/ 8800GT / Black MacBook 2.16 C2D

CoG888 is offline
Hmmm. Why didn't M&M do something about this 3 years ago? I think they waited too long to expect Apple to change names.
QUOTE Thanks
Kash

 
Kash's Avatar
 
Member Since: Dec 03, 2006
Location: Irvine, CA
Posts: 9,385
Kash has a brilliant futureKash has a brilliant futureKash has a brilliant futureKash has a brilliant futureKash has a brilliant futureKash has a brilliant futureKash has a brilliant futureKash has a brilliant futureKash has a brilliant futureKash has a brilliant futureKash has a brilliant future
Mac Specs: Black Macbook C2D 2GHz 3GB RAM 250GB HD iPhone 4 iPad 3G

Kash is offline
That's a good point. Waiting three years might also negatively affect M&M's ability to win this case. Not defending a trademark can lead to one losing that trademark. Not sure how long you have to wait, but three years could very well do it.


June 2007
July 2009
QUOTE Thanks
Macintoshmad

 
Macintoshmad's Avatar
 
Member Since: Apr 30, 2008
Location: United Kingdom
Posts: 14
Macintoshmad is on a distinguished road
Mac Specs: 13'' MBP, Mac minis x3, Power Mac G4 (AGP), 13'' White MacBook, eMac

Macintoshmad is offline
why get apple in trouble. That stupid M & M company just wanting money. The Apple mighty mouse looks a lot better than that UGLY thing. Apple got inspired by it I bet and made it a million times better. I never even heard of the other company before, so must be really small, wouldn't the mighty mouse trademark, belong to the maker of the cartoon, Mighty mouse

13'' MacBook Pro 2.53Ghz, 8GB RAM / MacBook 13" 2.4ghz C2D / eMac 1.42Ghz / Power Mac G4 / 13'' / 22'' Samsung 226BW / 3x Mac minis C2D / Airport Extreme
iPhone 3G 16GB / 50'' Samsung Plasma
QUOTE Thanks
melmation

 
melmation's Avatar
 
Member Since: Sep 01, 2006
Location: Sheffield, England
Posts: 223
melmation has a spectacular aura about
Mac Specs: Macbook Pro 1st Gen with upgraded Ram and Hard drive

melmation is offline
@ Macintoshmad,

Yeah, they probably are wanting money, partly as they believe they have lost profit because there is a similarly named product out taking custom away from them and also why not go for it when Apple hold the money purse if they win.

The Apple Mighty Mouse is pretty good, no doubt, but I don't think it's fair to compare the M&M Mouse to the Apple one. Just because you never heard of a company before doesn't mean they aren't good. It just means you aren't in their demographic for selling their products.

The M&M Mighty mouse, to me, seems to fit the specific bill of being water and chemical resistant. That isn't a novelty feature added in to sell to the masses, it seems to be a feature very useful to anyone who uses liquids of any type and needs to use a computer.

I am an animator and often muck up my mouse when I'm animating sand or paint. I usually tie my mouse in a plastic bag to stop it getting damaged from the materials I am using, but, I now know about this resistant mouse, I am tempted to buy it.

My use for the mouse is light compared to people who might work hands on with chemicals and so forth and also use a computer at the same time.

I see it like this...

Imagine if Apple brought out a robust version of the Macbook aimed at people who put their laptops through a lot of rough and tumble and named it the 'ToughBook'. Then Panasonic comes along and goes 'Oi, that's our name for our product'. A lot of people don't know about the Panasonic ToughBook, and when they read about it, they usually mark it as rubbish and slow and pointless. It isn't pointless, it fits the purpose for what it was built perfectly.

What I am trying to say is that just because Apple have a product named the same as a product you never heard of doesn't mean it's rubbish.

Also, in the article it says that CBS, the company who own the rights to the Mighty Mouse TV show tried to have their trademark extended to cover computer mice, but they did it quite a while after M&M did.

So it seems M&M Copyrighted the name "Mighty Mouse" for computer mice, then CBS tried to adjust their copyright to cover computer mice as well, and then Apple popped in and used "Mighty Mouse" regardless of how the name was being used already.

Anyway.

If Apple were ordered to stop using the name Mighty Mouse for the Mighty Mouse, what could it be called?

Super Mouse?

MacBook Pro 1.83Ghz 2Gb RAM 320Gb hard drive
iPhone 4 16Gb
iPod photo 20Gb
QUOTE Thanks
Juan Largo

 
Member Since: Jan 31, 2008
Posts: 195
Juan Largo has a little shameless behaviour in the past

Juan Largo is offline
If M&M started marketing a computer called a "Macintosh", you would bet that Apple's lawyers would be all over them in about 3 microseconds. A trademark is a trademark is a trademark.
QUOTE Thanks
eric

 
eric's Avatar
 
Member Since: Nov 04, 2006
Location: twin cities, mn, usa
Posts: 8,801
eric has a reputation beyond reputeeric has a reputation beyond reputeeric has a reputation beyond reputeeric has a reputation beyond reputeeric has a reputation beyond reputeeric has a reputation beyond reputeeric has a reputation beyond reputeeric has a reputation beyond reputeeric has a reputation beyond reputeeric has a reputation beyond reputeeric has a reputation beyond repute

eric is offline
Quote:
Originally Posted by melmation View Post
[...brilliance...]

exactly. very well said.

Please participate in our Member of the Month polls. Every vote counts! And remember to use the user reputation system!
["Dear Homer, I. O. U. one emergency donut. Signed, Homer." - Note by Homer Simpson]
QUOTE Thanks
rman

 
rman's Avatar
 
Member Since: Dec 24, 2002
Location: Los Angeles, California
Posts: 12,591
rman has much to be proud ofrman has much to be proud ofrman has much to be proud ofrman has much to be proud ofrman has much to be proud ofrman has much to be proud ofrman has much to be proud ofrman has much to be proud ofrman has much to be proud ofrman has much to be proud of
Mac Specs: 2 x 3.0GHz Quad-Core, 6GB OS X 10.6.8 | 15in MacBook Pro 2.2GHz OS X 10.6.8 | 64GB iPad 2 WiFi

rman is offline
How about the Mighty Mac Mouse!

Life isn't about waiting for the storm to pass, It's about learning to dance in the rain!
QUOTE Thanks
SamoanDude

 
Member Since: May 28, 2008
Posts: 8
SamoanDude is on a distinguished road

SamoanDude is offline
I don't like either of them
QUOTE Thanks

Post Reply New Thread Subscribe


« and the latest Apple rumor is........ | Report of easter egg?? »
Thread Tools

Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off
Forum Jump

Similar Threads
Thread
Thread Starter
Forum
Replies
Last Post
Mighty Mouse Question jeremyhung Other Hardware and Peripherals 1 04-11-2008 12:14 AM
Mighty Mouse - Bluetooth The_Grudge Other Hardware and Peripherals 3 02-13-2008 10:11 AM
Mighty Mouse Peakoverload Other Hardware and Peripherals 25 11-02-2007 05:23 PM
Apple Wireless Keyboard and Mighty Mouse (quick review) Sgt Beavis Other Hardware and Peripherals 2 02-11-2007 01:03 PM

All times are GMT -4. The time now is 08:22 PM.

Powered by vBulletin
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
X

Welcome to Mac-Forums.com

Create your username to jump into the discussion!

New members like you have made this community the ultimate source for your Mac since 2003!


(4 digit year)

Already a member?