Disney Retains Legal Controlโข Over Early Mickey Mouse Following Lawsuit Withdrawal
Disney has maintained its legal position regarding โthe use of โits early Mickey โฃMouse imagery after Morgan โฃ& Morgan,a law firm,voluntarily withdrew a lawsuit seeking to clarify theโฃ boundaries between public domain rights and Disney’s trademarks. โฃThe lawsuit centered on theโข 1928 version of โขMickeyโค Mouse, as featured in Steamboat Willie, which entered the public โdomain on January 1, 2024, after 95โ yearsโข of copyright protection.
The core of the dispute revolved around whether Disney could leverage trademark law to โprevent others from using the public-domain version of Mickey Mouse in ways that might cause consumerโ confusion regarding sponsorship or endorsement. Morgan & Morgan argued inโ its initialโค filing that disney’s historyโ of aggressively defending its intellectual property, coupled wiht a recent โlawsuit against a third party, createdโ aโ “reasonableโฃ apprehension” that Disney would sue themโฃ if theyโ proceeded with usingโข the Steamboat Willie depiction of Mickey. Specifically, โฃthe firm stated: “Disney’s refusal to disclaim โคenforcement,โ its history of aggressive litigation over substantially โคsimilar uses,โข andโฃ its recent lawsuit againstโข a third partyโฆ create a reasonable apprehension that Disney will sue Morgan โ& Morgan.”
Disney, however, has consistently โassertedโ its right to protect its trademarks. Aโข Disneyโ spokesperson reiteratedโข this positionโค to Reuters, stating, “Disneyโ remains committed to guarding against unlawful copyright and trademark infringement to avoid โconsumerโฃ confusion caused by unauthorized uses of Mickey โMouse and our other iconic characters.”
Theโค withdrawalโค of โthe lawsuit means no court โฃruling was issued, leaving the legal landscape โunchanged.Thisโฃ leaves other โcompanies in aโ similar position: theyโฃ are legally permitted to use the 1928 version of Mickey Mouse, โฃbut risk a trademark challenge from Disney if โthe use is deemed likely to cause confusionโค among consumers.
Jenniferโ Jenkins,a professor of law at Duke University,described theโ publicโ domainโค entry as notable,stating to the Associated โPress: “This is it.โค This โis Mickeyโ Mouse.โค This isโ exciting because it’s kind of โsymbolic.”
Withoutโข further legal action,โ the โextent to which the public can freely utilize Steamboat Willie Mickey Mouse remains uncertain. The article notes that โDisney’sโ strategy regarding its โtrademarks remains unchallenged, and future test cases are likely asโ moreโฃ versions of Mickey Mouse โenter the public domain. Theโ lawโค firmโข could potentially refile the lawsuit, but for โnow, the boundaries between public domain rights and Disney’s โtrademarks remain undefined.
(image included in โoriginal article):
