Apple and CBS Sued Over 'Mighty Mouse' Name

rm20010 via CNET News.com on 23 May 2008 - 03:37 · 26 comments & 11657 views

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Maryland-based Man & Machine, a computer peripheral maker, filed suit against Apple and CBS on Tuesday, claiming the companies are infringing on its trademark for the "Mighty Mouse" device. The company says it was selling its chemical-resistant and waterproof mouse to hospitals a year before Apple sold its single-button mouse of the same name.

CBS owns the rights to the Mighty Mouse cartoon and licensed the use of the name to Apple. The network was named in the lawsuit because Man & Machine says it doesn't have the right to license the name. Both Man & Machine and CBS have trademark applications for the name and are currently dueling for the U.S. Patent and Trademark Office's approval. Man & Machine is asking for monetary damages and for a court to issue an injunction to prevent Apple from selling any more of its Mighty Mouse devices.

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#1 RAID 0 on 23 May 2008 - 04:40

(1 reply) #2 Grandaevus on 23 May 2008 - 06:09

the land of the free ...

#2.1 RAID 0 on 23 May 2008 - 06:10

Yeah, we're free to sue whom ever the **** we wish, beeoch!

(3 replies) #3 TRC on 23 May 2008 - 06:15

All that trouble over a really stupid name.

#3.1 Magallanes on 23 May 2008 - 13:18

and stupid mouse.

Photoshop runs fine with all the "pc" buttons but annoying a lot to use mouse+keyboard.

#3.2 vanacid on 23 May 2008 - 16:25

(Magallanes said @ #3.1)

and stupid mouse.

Photoshop runs fine with all the "pc" buttons but annoying a lot to use mouse+keyboard.

In fact, the mouse has 4 buttons total.. you can click "left", "right", "middle" and "squeeze the bottom".

The mighty mouse allows you to map all these 4 buttons to any functions (or any standard button).

And you can use the mouse scroll over 360 degrees, which makes scolling much more efficient.

#3.3 +Shadrack on 24 May 2008 - 18:03

(Magallanes said @ #3.1)

and stupid mouse.

Photoshop runs fine with all the "pc" buttons but annoying a lot to use mouse+keyboard.

Agreed. I bought a Mighty Mouse for my Mac Mini a few years ago and it has to be the crappiest mouse I've ever used. I think it was the most expensive too.

(5 replies) #4 daPhoenix on 23 May 2008 - 06:32

I think CBS has "slightly prior art" since they originally created the char in the 1940s and there's been movies and merchandise from the 80s or even earlier.

If Apple licensed it from CBS, then I fail to see why stuff like this even gets allowed to proceed to courts. Oh wait, it's USA - ignore whatever sensible things I suggested.

#4.1 RAID 0 on 23 May 2008 - 06:45

#4.2 FloatingFatMan on 23 May 2008 - 08:48

CBS's prior art refers to Mighty Mouse in the form of a cartoon, not a computer interface peripheral. It's quite possible to register 2 trademarks of the same name to different companies, as long as the 2 products aren't related in any way,

I think there's a good chance Man & Machine will win this one, but it all depends on who can afford the better lawyers, really.

#4.3 +mrbester on 23 May 2008 - 13:41

So long as they don't put "Heeeere I come to save the daaay!" on the box I think they've got a chance. However, mention the name "Mighty Mouse" to most people and they'll think of the cartoon character, not some desktop rodent.

#4.4 +rm20010 on 24 May 2008 - 23:48

(mrbester said @ #4.3)

Count me out of 'most people.' I may have been too young to know about a cartoon Mighty Mouse before Apple came along and rolled out their new mice with this name.

#4.5 Angel Blue01 on 26 May 2008 - 12:40

Of course they're protected, when thinking about computers the name Mighty mouse reminds me of Apple's thing, otherwise the name reminds me of the cartoon, which I only got to see twice on VHS in 1997, Apple made a stupid decision.

(1 reply) #5 ajua on 23 May 2008 - 07:06

Well, if Man & Machine has a patent filing, they are right to sue.
If they don't have any patent claim or something, it is just a waste of time.

And i also noted that the mouse has two side buttons and accepts two click in the upper part. Just remembered seeing posts like: "...Macs are better because you don't have to click the Nth button of your mouse to do something..."

I don't want to start any flame war, i just laughed myself a while because of this when i read the apple mouse website and thought about commenting it.

#5.1 PureLegend on 23 May 2008 - 08:21

Welcome to 2005.

(2 replies) #6 ahhell on 23 May 2008 - 11:02

Apple should be sued for making such ****ty mice.

#6.1 vanacid on 23 May 2008 - 16:28

I have it and it works quite well.

It has 4 buttons, and it is perfect for a "left handed". Most mouse forgets "left handed" peoples.

http://www.apple.com/mightymouse/

You will see how the mouse works on this site.

#6.2 Chicane-UK on 23 May 2008 - 22:40

Using one now. Didn't think i'd like it but to be honest it works well.. the multidirectional scroll 'ball' rather than a wheel is surprisingly useful!

(1 reply) #7 C_Guy on 23 May 2008 - 14:25

What's so "mighty" about a mouse with a tiny scroll wheel and the ability to have 2 buttons in 1? That's certainly not anything new.

Scrap the mouse, design a new one, and use a non-infringing name. Simple. No lawyers required.

How about a mouse shaped like a hockey puck?....

#7.1 RAID 0 on 23 May 2008 - 15:07

That thing was the biggest POS I've ever seen out side of a toilet bowl.

#8 +Steven on 23 May 2008 - 20:43

(2 replies) #9 -Hiroshi- on 23 May 2008 - 23:01

Wasn't surprised about a lawsuit, what I WAS surprised about, is the plaintiffs and defendants. I thought sure there would be a CBS Vs Apple over the Mighty Mouse name.

http://www.youtube.com/watch?v=vpNNduExImk - o__O wtf...

Last edited by -Hiroshi- on 23 May 2008 - 23:07

#9.1 evo_spook on 24 May 2008 - 00:10

(-Hiroshi- said @ #9)

Please read the article, CBS cant sue Apple as:

CBS owns the rights to the Mighty Mouse cartoon and licensed the use of the name to Apple

Apple paid money to CBS to use the name

#9.2 BigCheese on 25 May 2008 - 15:20

Seriously, why on earth would any company want to pay money to use that name? They could've easily thought up a different name which sounds better and isn't already trademarked. Or they could have gone with standard Apple product naming and called it the iMouse.

#10 +Shadrack on 24 May 2008 - 18:05

The Mighty Mouse came out a few years ago already... they really took their time with this law suit.

#11 EduardValencia on 25 May 2008 - 03:23

lol ,even Apple can't scape from lawsuit whores.They deserve it becaus ethey've copied alot from others.

That company want money $$$$$$$$$$$$$$$$$$

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Apple and CBS Sued Over 'Mighty Mouse' Name

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