Disney Retains Legal Control Over Early Mickey Mouse Following Lawsuit Withdrawal
Disney has maintained its legal position regarding the use of its early Mickey Mouse imagery after Morgan & Morgan,a law firm,voluntarily withdrew a lawsuit seeking to clarify the boundaries between public domain rights and Disney’s trademarks. The lawsuit centered on the 1928 version of Mickey Mouse, as featured in Steamboat Willie, which entered the public domain on January 1, 2024, after 95 years of copyright protection.
The core of the dispute revolved around whether Disney could leverage trademark law to prevent others from using the public-domain version of Mickey Mouse in ways that might cause consumer confusion regarding sponsorship or endorsement. Morgan & Morgan argued in its initial filing that disney’s history of aggressively defending its intellectual property, coupled wiht a recent lawsuit against a third party, created a “reasonable apprehension” that Disney would sue them if they proceeded with using the Steamboat Willie depiction of Mickey. Specifically, the firm stated: “Disney’s refusal to disclaim enforcement, its history of aggressive litigation over substantially similar uses, and its recent lawsuit against a third party… create a reasonable apprehension that Disney will sue Morgan & Morgan.”
Disney, however, has consistently asserted its right to protect its trademarks. A Disney spokesperson reiterated this position to Reuters, stating, “Disney remains committed to guarding against unlawful copyright and trademark infringement to avoid consumer confusion caused by unauthorized uses of Mickey Mouse and our other iconic characters.”
The withdrawal of the lawsuit means no court ruling was issued, leaving the legal landscape unchanged.This leaves other companies in a similar position: they are legally permitted to use the 1928 version of Mickey Mouse, but risk a trademark challenge from Disney if the use is deemed likely to cause confusion among consumers.
Jennifer Jenkins,a professor of law at Duke University,described the public domain entry as notable,stating to the Associated Press: “This is it. This is Mickey Mouse. This is exciting because it’s kind of symbolic.”
Without further legal action, the extent to which the public can freely utilize Steamboat Willie Mickey Mouse remains uncertain. The article notes that Disney’s strategy regarding its trademarks remains unchallenged, and future test cases are likely as more versions of Mickey Mouse enter the public domain. The law firm could potentially refile the lawsuit, but for now, the boundaries between public domain rights and Disney’s trademarks remain undefined.
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