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Who will win the great ‘Mighty Mouse’ case?  CBS and Apple or Man & Machine?
Thursday, May 22, 2008 - 03:29 PM EDT

"A tiny tech company based in Landover, Md. stirred the Mac blogosphere yesterday by filing a lawsuit against Apple [and CBS] over, of all things, the use of the name 'Mighty Mouse,'" David Zeiler reports via blog for The Baltimore Sun.

"Man & Machine Inc., a private company with 20 employees, has sold a specialty mouse (it’s waterproof and chemical resistant) under the name 'Mighty Mouse' since March 2004," Zeiler reports. "Apple, of course, introduced its own 'Mighty Mouse' in August 2005."

"Knowing 'Mighty Mouse' is a famous crime-fighting cartoon figure, Apple simply sought permission to use the name from the company that owned the rights to the cartoon – CBS Corp.," Zeiler reports. "CBS agreed and licensed the term 'Mighty Mouse' to Apple for use with its computer product."

"Under U.S. trademark law, first use of a trademark generally carries the day. M&M could have saved itself a lot of trouble, however, had it filed for the 'Mighty Mouse' trademark in 2004," Zeiler reports. "Instead, it no doubt contacted Apple to complain. Apple no doubt contacted its friends at CBS and lo and behold – CBS filed last July to trademark the term “Mighty Mouse” to describe a computer-pointing device."

"When that trademark was published for opposition in December, M&M filed its own trademark application, citing first use as the basis for its counterclaim," Zeiler reports. "The U.S. Patent and Trademark Office has yet to rule on the dispute."

Hold all bets
However, Zeiler reports, "CBS could argue the fame of 'Mighty Mouse' should prevent its unauthorized use by almost anyone else for almost any commercial purpose. If the court agrees, Apple wins by its having licensed the name from CBS. If the court sees things M&M’s way, Apple will... need to rechristen its mouse."

More details in the full - and nicely thorough - article here.


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May 22, 08 - 03:37 pm Comment from: Spark

M&M;is going to have a tough time with this I think.

May 22, 08 - 03:39 pm Comment from: Ampar

In the 1950s, the name Mighty Mouse was unofficially applied by the United States Air Force to the 2.75 in (70 mm) FFAR (Fin-Folding Aerial Rocket) weapons used by various USAF interceptor aircraft against bombers. The "Mighty Mouse" rockets were carried by the F-86D Sabre, F-89 Scorpion, F-94 Starfire, and F-102 Delta Dagger.

(source: wikipedia)

May 22, 08 - 03:44 pm Comment from: buster

Like a name really sells anything....

May 22, 08 - 03:47 pm Comment from: macaholic

well my experience with with the "mighty mouse" has been less then mighty. No amount of cleaning and fiddling will get it to scroll down. Up works just fine.

May 22, 08 - 03:48 pm Comment from: Viktor

I don't care about the name, they can call it stupid mouse and I will still buy it.

Hey, look what I found:
http://mactracker.ca/

May 22, 08 - 03:54 pm Comment from: Missy Pants

Uh oh:
Introducing Apple's New Cordless 'Mighty Muskrat' ! ...
uh,
Mighty Marmot! ...
um, ...
Robust Rodent! ...
....
hooboy....

May 22, 08 - 03:54 pm Comment from: JAYGEE

I can honestly say I don't care smile

May 22, 08 - 04:00 pm Comment from: Ampar

"No amount of cleaning and fiddling will get it to scroll down."

Unplug it. Turn it upside down. Rub the ball vigorously while it's upside down to get the dirt to come out. Plug it back in.

That little ball is definitely a design flaw. For some reason, dirt affects down scrolling more than up.

May 22, 08 - 04:03 pm Comment from: macaholic

did that already, thanks anyway

May 22, 08 - 04:06 pm Comment from: HMCIV

The original Might Mouse would not Approve. :-_

May 22, 08 - 04:09 pm Comment from: Ampar

Sorry, macaholic. It worked for me. Maybe this would be the time then to find out if it blends?

grin

May 22, 08 - 04:10 pm Comment from: Ampar

"Introducing Apple's New Cordless 'Mighty Muskrat' ! ... uh, Mighty Marmot! ... um, ... Robust Rodent! .. "

But not Missy Mouse?

wink

May 22, 08 - 04:14 pm Comment from: Demon

As Mighty Mouse is a cartoon icon. It's like trying to use the name Mickey Mouse, Steamboat Willy or even Donald Duck for any commercial product or venture without getting permission from Disney first. Disney's going to win every time. In this case CBS owns a cartoon icon in Mighty Mouse.
Apple should put a small Mighty Mouse image on the package to enforce the brand recognition of CBS's Mighty Mouse cartoon icon and show support for Might Mouse. CBS should counter claim seeking back royalties from Man & Machine for using their Iconic cartoon name Mighty Mouse in the first place.

May 22, 08 - 04:15 pm Comment from: sleeve

@ macaholic:
to clean the MM, all you need is a clean sheet of printer paper and a flat surface. Put the paper on the flat surface and run the mouse(track-ball down) up and down and then left to right with a little bit of pressure. As you roll the mouse, bits of icky should fall out. I was having the exact same problem until I found this solution online. Just turning it upside-down and rolling the track-ball will not solve the problem...

May 22, 08 - 04:16 pm Comment from: Kevin

@ Macaholic

get a bit of that lubricating oil you use to oil up paper shredders and the like. put a little (seriously little) on the ball and spin it around for a bit . . . dry it off, works like a charm.

May 22, 08 - 04:26 pm Comment from: The Muffin Man

sleeve,

just tried it and it's improved scrolling a lot.

Thanks!

May 22, 08 - 04:27 pm Comment from: rasterbator

apple should settle out of court and use the time to rebrand the mouse. mighty mouse was a stupid name anyway.

suggestions?here's mine:
brick mouse (lionel richie could do the ad)

May 22, 08 - 04:30 pm Comment from: KenC

Let's just call it the Dirty Mouse, as mine seems to get its trackball gunked up rather quickly.

May 22, 08 - 04:31 pm Comment from: bizlaw

@ macaholic:

I had this same problem, only scrolling up didn't work.

Before you try the oils, etc., do this:

1. Open System Preferences, Keyboard & Mouse
2. Click on the Mouse tab (I believe, I'm on my laptop now, so no Mouse tabs)
3. Change the drop-down menu to change the manner in which you're allowed to scroll. My problem occurred when set to scroll horizontal and vertical only. I changed the setting to allow me to scroll in any direction. Then use it for a bit to see if that works. If so, change back to your previous setting and all should be fine.

If that doesn't work, then try the other solutions. This one may just be a software bug.

May 22, 08 - 04:32 pm Comment from: Homie

They could rename it "The Third Coming of Christ" or "The Jesus Mouse" for all I care.. I still won't buy one. Worst mouse I've ever laid hands on. Too tiny for my humongous hands, kludgy right-click action, etc. It's just awful.

May 22, 08 - 04:36 pm Comment from: Ampar

"Just turning it upside-down and rolling the track-ball will not solve the problem..."

It did for me.

May 22, 08 - 04:37 pm Comment from: flashxl

@macaholic

I tried a little rubbing alcohol on mine, and it seemed to work better. Does get stuck in only one direction from time to time though. Thought the alcohol might get some of the oils off. Some risk of drying out the ball, which may, over time, reduce the effectiveness of the device.

May 22, 08 - 04:58 pm Comment from: vanfruniken

@macaholic
How to fix scrolling of in the Mighty Mouse.

Use a paper towel of a lint-free cloth slightly moistened with a mild detergent, or, maybe better, rubbing alcohol.
Turn the mouse over and rub the mouse in all directions over the towel, pressing in down so the scroll ball is pushed in somewhat.
After that, rub the mouse likewise over a dry area of the towel, also occasionally slamming it down on the towel, so any accumulated lint gets a chance of getting past the scroll ball to the outside.

I can assure you, after this treatment, your mighty mouse should scroll normally.

May 22, 08 - 04:58 pm Comment from: The Dude

macaholic...
Still under warranty? Was it bought as an additional mouse (retail packaging)? If it was bought retail, there is a 1 year warranty on it. If you have any Mac in warranty, take the mouse and your Mac proof of purchase (with serial number) to an Apple Store or Apple Authorized Service Provider and they will try cleaning it, and if that fails, they will replace it. I personally have replaced over 50 of these easily for the exact same problem.

The Dude abides.

May 22, 08 - 04:59 pm Comment from: The Dude

ohh, and if you still have warranty on it.... do not using any fluid other than a "Slightly dampened cloth" to clean it. A tech smells chemical on it, you are likely to lose that warranty coverage.

May 22, 08 - 05:02 pm Comment from: Quad Core

I vote that they use a much better character.....Super Frog!

Long live Team17

May 22, 08 - 05:03 pm Comment from: Does anyone else have the theme song in their head

Mr. trouble never hangs around,
When he hears this Mighty sound,

Here I come to save the day!

That means that Mighty Mouse is on the way!

Yes sir, when there is a wrong to right,
Mighty Mouse will join the fight!

On the sea or on the land,
He's got the situation well in hand!

May 22, 08 - 05:08 pm Comment from: Jeff

OK Steve is the largest shareholder a Disney, so why not call it the Mickey Mouse and be done with it, for that mater I just made a Goofy little mouse and have filed a trademark on Computer Mouses called the Mickey Mouse.

May 22, 08 - 05:09 pm Comment from: Spark

@buster. "Like a name really sells anything...."
So the name Apple on a product tells you nothing about the likelihood of your satisfaction with that product? Of course names sell products.

@Homie. I share your opinion of Apple's mouse, but those opinions have no relevance to the question of trademark infringement.

May 22, 08 - 06:35 pm Comment from: John B

I just got a brand new MacPro and the Mighty Mouse trackball failed to work on day 1. Do I need to clean it BEFORE using it? It's not even worth the effort to me to exchange it under warranty, since I'll just end up with another one. Luckily, I long ago gave up after almost constant cleanings of my previous Mighty Mice, and got a Logitech mouse. Never a mouse problem since then.

May 22, 08 - 06:56 pm Comment from: John C. Randolph

Apple's right, the plaintiffs are wrong. Apple went to the owners of the name and licensed it. The clowns suing them infringed on CBS's trademark, and I'm astounded that they could get any attorney to take their case.

-jcr

May 22, 08 - 07:17 pm Comment from: Al

Put a damp, slightly soapy cloth between your finger and the trackball. Roll the ball every way possible for couple of minutes. Repeat once a week or so.

The soap removes the finger oils that glue the dirt to the ball.

Alternately, you could wash your hands far more frequently or take to wearing paramedic, plastic gloves.

Cutting down on all that masturbating in front of the computer screen helps too.

May 22, 08 - 07:44 pm Comment from: Ampar

"Cutting down on all that masturbating in front of the computer screen helps too."

Or with the mouse.

May 22, 08 - 07:50 pm Comment from: Al

Well, Ampar, I am not the one complaining about sticky balls.

May 22, 08 - 08:46 pm Comment from: Ampar

To Al:

Touché.

May 22, 08 - 08:59 pm Comment from: JosjhtheiMacGuy

There can be only one winner in this battle - Oil Can Harry!!!

May 22, 08 - 11:38 pm Comment from: Also a Logitech mouse user

Logitech USB Optical Mouse: Version: 43.

2 buttons with a scroll wheel that supports X and Y actions.


Never ever a problem

May 22, 08 - 11:39 pm Comment from: MacSheikh

@ Ampar

"Unplug it. Turn it upside down. Rub the ball vigorously while it's upside down to get the dirt to come out. Plug it back in."

Ha ha ha ha ha...you're serious, aren't you?

May 22, 08 - 11:53 pm Comment from: dijonaise

you have to cut the glue ring off, then you can get inside it!

google it!

May 23, 08 - 04:39 am Comment from: spotter

you would think with all the multi-touch technology going on at cupertino that the ball would have been replaced by now. just rub your finger in the direction you want to scroll across the top surface. nothing to clean, no moving parts = reliability and customer satisfaction.

May 23, 08 - 04:48 am Comment from: Ampar

MacSheikh: Yeah, and I know it sounds stupid. I've tried to like the MM but It's time to swap it for a better mouse. It's employer supplied so there are a few hoops to jump to get a replacement. I use either my MBP trackpad or a Logitech mouse at home.

May 23, 08 - 09:06 am Comment from: Harry

..y Apple's worst product since the Mac OS 7

May 23, 08 - 08:34 pm Comment from: paddywack

Anyone know the name of Mighty Mouse's girlfriend in the cartoon series?

May 23, 08 - 08:35 pm Comment from: paddywack

NVM, I shoulda checked <a >here</a> first.

May 23, 08 - 10:36 pm Comment from: HazMatt

You guys seem to forget the puck mouse that shipped with the original iMac and later models. THAT was Apple's worst mouse ever. The Mighty Mouse is only the SECOND worst Apple mouse.

Apple should name their next mouse the "Normal Mouse" and just ship a NORMAL TWO BUTTON MOUSE. raspberry

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