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Mighty unbelievable!

May 21, 08 - 08:29 am Comment from: Cowboy

Actually, I'm sure CBS will counter sue (and win). Case closed.

s-ooo

This "Man & Machine" company owns the rights to the name of the old cartoon character, then ?

May 21, 08 - 08:38 am Comment from: hagar57

Methinks, they may have opened a can of worms. I am sure that the term Mighty Mouse has been in use before 2004.
From Wikipedia:
"Mighty Mouse is an animated superhero mouse character created by the Terrytoons studio for 20th Century Fox.
He was created by storyman Izzy Klein as a super-powered housefly named "Superfly," but studio head Paul Terry changed the character into a toon mouse instead. Originally created as a parody of Superman, he first appeared in 1942 in a theatrical animated short entitled The Mouse of Tomorrow. The original name of the character was Super Mouse, but it was soon changed to Mighty Mouse when Paul Terry learned that another character with the same name was being published in comic books. Super Mouse appeared briefly in the Marvel comic book interpretation of the character, and was nicknamed "Terry the First", as he was the first version of the character."

Hey, that's ridiculous...I watched my favorite Mighty Mouse cartoon as a kid...whoever owns that cartoon is the one with credibility to sue. Besides, isn't this a little bit late?? Apple's Mighty Mouse has been out a couple of years or so, hasn't it?? Why all the screaming now?

May 21, 08 - 08:42 am Comment from: TowerTone

It's time for Apple to build a better mouse.
Get rid of the ball.

Maybe the city of Boston should sue the rock group Boston. Maybe all of Europe should sue the rock group Europe. Yes, I'm showing my age, I guess. Animal conservationists should sue the Eagles. Hurry up with the iPhone...this stuff is boring.

they could just thank apple for their whole business as they wouldnt be making mouses if apple hadnt have brought it to market.

Sounds like inexpensive publicity. To bad MDN took the bait. Is it important to report all these “me to” law suits?

I want a 10 button mouse with no actual buttons...each area giving tacile, lighted up vibrating feedback, just like the future iPhone.

May 21, 08 - 09:01 am Comment from: Harvey

Maybe CBS licensed both Man & Machine and Apple to use the trademark, and Man & Machine feels that CBS broke the terms of the license in giving Apple a license for a similar product. In other words, maybe Man & Machine is suing CBS for two-timing them. If Man & Machine has the rights to the trademark, they have to sue Apple for using it, because there is no trademark or copyright police. You have to enforce your own trademarks and copyrights or lose them.

It may be that the two licenses are compatible and both can use the name, but Man & Machine has to raise the issue.

Why not change the name from mighty mouse to SUPER-MOUSE?
Why pay anyone?

They will probably claim CBS did not do enough to defend the "brand."

May 21, 08 - 09:06 am Comment from: Jay-Z

When is Apple going to release a mouse with a multi-touch surface so I don't have to keep cleaning the scroll ball?

This suit won't go anywhere. The trademark is for an entirely different class of product, and in no way will this stand up in court. The key here is use classes of the trademark. A laboratory mouse and a computer mouse, and a cartoon mouse for that matter, are all different uses, and this is clearly defined by the trademark laws. Otherwise, an apple growing trade group would have barred Apple Inc. and Apple Records from even using the name.

It's a frivolous lawsuit. If I were the judge, I would totally ream the knucklehead attorneys of the plaintiff for bringing the matter to a his or her courtroom.

Case dismissed. There's nothing to see here, folks.

May 21, 08 - 09:10 am Comment from: Hm...

When will the US ever have significant tort reform? I mean real reform, not the last trumped up shift in favor of corporations, but something of value. Probably the day after the Redmond MS campus freezes over...

May be MAC MIGHTY MOUSE or MIGHTY MAC MOUSE or SUPER MAC MOUSE.....many choices

May 21, 08 - 09:12 am Comment from: tom

Trademarks are only intended to be protected for a company within the industries that company operates in.

For example, Apple may have the term "Leopard" protected for naming operating systems, maybe even in the broader software and computing market, but a quick Google search found "Leopard, Inc." doing marketing communications, "Golden Leopard" selling jewelry, and "Leopards, Etc." doing, well, actual wild cats. None of these infringe each other because they are separate industries.

Thus, Man and Machine may have a valid trademark claim for the term "Mighty Mouse" for computer mouse products, since CBS may never had sold computer mice under that name before.

That said, more widely known and unique trademarks are considered to have protection across broader definitions of their industries, and thus, CBS may be considered to own the trademark "Mighty Mouse" for computer products.

It's all a matter of degree, and how the courts choose to interpret prior claims. And that's why law is messy.

And that's why they'll almost certainly settle out of court, since if it goes to court, no one can safely predict the outcome, and none of these companies will want to risk the costs of losing a court case.

May 21, 08 - 09:13 am Comment from: HMCIV

Well that took the Trademark tolls long enough to find! How long has Apple's mouse been out?

Why not call it: Mac Geek Mouse, or just as it is pronounced Magic Mouse.

To be magic, it should however the iPhones touch screen should be able to be used via Bluetooth as an external mouse for a PowerBook or MacBook, then it will certainly be a Magic Mouse feature

Another cool idea from a cool place, Greenland

This is why the patent process is sooooooo out dated. Products that are patented should be a real working selling product before the patent is valid. Otherwise, to freak-in bad. Also claims on previous products should be made within weeks after, not years after someone else comes out with a product with a similar or exact name. Also the product should be something that is similar to the other before anyone has the right to sue or even file for a suit. For example does Apple claim there's is waterproof or chemical proof, no. Does his have a rollerball, probably not. I'm sure he could be sued for having a mouse that looks like a standard 3 button mouse you could find from Logitech. The whole lawsuit thing to get rich quick should not be tolerated by the court system period. That's all this comes down too.

They would only include a suit of CBS if they bought a license from CBS.

May 21, 08 - 10:21 am Comment from: Harvey

@John, this isn't a patent issue, it's a trademark issue.

According to Ars Technica, Man & Machine named their mouse Mighty Mouse. CBS registered the cartoon trademark for computer devices and licensed it to Apple. Man & Machine does not have a license from CBS.

Man & Machine alleges that Apple's use of the name is for a product that is too similar, which is not permissible, and that CBS' registration of the name for computer devices is not valid, since their mouse came out before then. However, there is a problem with the timing of Man & Machine's trademark registration.

Well I have a software title named "Time Machine" that was being sold years before Apple even announced Time Machine in leopard. Should I sue? They are just money hungry.

May 21, 08 - 10:56 am Comment from: Roberto

All you wannabee patent lawyers obviously failed your bar exams.

Yeah ... if they are guilty, settle with cash and change the name to the " Mac Mouse ". I would find it hard to believe that they didn't check to see where that trademarked name was used.

Apple licensed the name from the owner of the name, and the plaintiffs did not. CBS should counter-sue.

-jcr

@The Great Apple Fanboy Massacre
Glad you are hanging out with us to try and get your insecure and much needed daily dose of power...let me introduce you to Zune Tang. Stay awhile and you may eventually "get it", because most of us here have already "got it".
Instead, you could go to a "how can we fix Vista" forum, but it is more fun here.

@The Great Apple Fanboy Massacre
Actually you have it wrong. A copyrighted name is protected no matter its use. Why do you think Apple had its problems with the Beatles and Apple Corps (and I'm talking before iTunes even existed, therefore it was music one application and computers the other.) If I were to name a car Pepsi, you bet I'd get my butt sued off.

http://www.appleinsider.com/articles/08/05/21/apple_sued_for_callings_its_mouse_mighty.html

Last sentence (emphasis mine): "M&M;, whose own application for the Mighty Mouse trademark is still pending, is seeking an injunction barring Apple from further use of the mark, damages, and attorneys' fees."

...so they don't even own the trademark yet, and they're already suing? And our legal system allows this?? Unbelievable.

Hopefully, they just revamp the crappy Tit-Mouse into something more comfortable to use and maintain.

The MM just plain sucks. Trying to be different isn't a good thing.

May 21, 08 - 12:32 pm Comment from: Cubert

What exactly is it that screws up the appearance of the comments on the odd occasion?

May 21, 08 - 12:53 pm Comment from: makemineamac

Cubert I asked that same question last week. It only happens once in awhile and they usually fix it right away. i still would like to know what causes it though....

May 21, 08 - 01:01 pm Comment from: KingMel

If the products are distinct, then there is no risk of confusion. Thus the debate over Apple because of the music link, but no controversy over many other names used concurrently by different companies and in different industries.

I doubt that a lab is going to order the wrong mice.

I would have to agree with MPC Guy. I tried Apple's mice...the one-button mouse and the Mighty Mouse. I like them and they look stylish, but there are some things about them that warrant a design change. I currently use a Logitech wireless notebook mouse and I love it. See Apple forgot one thing with that little scroll ball...it's going to get dirty and it breaks too. How do I know? Well since I turned my whole family on to Macs, I am the IT guy. If there is mouse trouble, I hear about it. I have since recommended them to buy mice that suits them. For me, I chose to go with a Logitech for very specific reasons.I think Apple is missing some revenue here. I think Apple needs to design more mice for a wider variety of users. Or, at the very least, consider that people want selection. Shopping for a mouse is like shopping for golf clubs. Why doesn't Apple make a notebook mouse? Say....mini mouse? Not everyone wants a 360 degree scroll wheel either. I could easily see 5 iterations of the new Apple mouse line-up. Well, a guy can dream I guess... I mean how many iPods are there 4 or 5? I lost track... but only one mouse? I'm of course not listing wireless as a feature but you get the point. Who knows maybe the market research dictates they shouldn't.

May 21, 08 - 02:02 pm Comment from: Micro Me

@Cubert. Somebody explained the problem once, but I can't remember the details (something to do with CSS?). At times like this, command + is your friend.

May 21, 08 - 02:06 pm Comment from: Lilochris

$129 is TOO MUCH. It's the reason why I never subscribed. It's a very tempting service to get but then when it's renewal time, you have to pay all over again.

I've always procrastinated that I'm gonna get .Mac since I first got my Mac Mini in 2005. Still never got it.

My biggest interest of .Mac is the space & Back to My Mac Feature.


Either offer $129 for unlimited time or $29 per year.

I would get it in a Heartbeat then.

"our legal system allows this?"

You can sue anyone for anything. If your petition is truly asinine, the court is likely to not only throw it out, but also require you to pay the defendant's costs.

-jcr

This article is almost as stupid as Zune Tang. Almost though, after all Zune Tang is pretty stupid

The Mighty Mouse is a terrible mouse with a terrible name.

I hope the Man and Machine wins and Apple changes the name. Even better, change the lousy mouse too.

another 'only in America' shit. well has anyone gotten hold of the name 'iMouse' then?

Man & Machine, Inc. declines to discuss its trademark-infringement complaint against Apple, Inc. and CBS Corporation, the underlying merits of the case, or any related settlement discussions, since the litigation remains pending. Meanwhile, we remain committed to protecting our rights to the MIGHTY MOUSE trademark and also to finding a fair resolution for all involved parties.

Man & Machine designs and manufactures a completely customizable line of hygienic, cost-effective, water-resistant computer keyboards and mice. They are distinguished by their ability to be washed and disinfected, and matchless in their rugged, sealed design, 100% latex-free silicone construction ideal for medical, healthcare, dental, and institutional environments – the best of breed choice anywhere safety, durability and user health are priorities.