Summary
The post discusses the trademark dispute between Disney and Canadian music producer Deadmau5, centred on the use of the Mau5head symbol, which Disney argued resembled its iconic Mickey Mouse ears. Disney filed an opposition to Deadmau5's trademark application in the United States, claiming potential confusion with its established marks. Deadmau5 responded by highlighting Disney's unauthorised use of his song and pointing out his trademark registrations in other countries. After nine months of legal discussions, the parties reached a confidential settlement, permitting Deadmau5 to continue using and registering his Mau5head logo. The case highlights critical issues in intellectual property enforcement and settlement within the entertainment industry.
Deadmau5 the Canadian progressive-house music producer who made his first tour of India last year had found himself in a trademark battle with the most loved mouse of all time, Mickey Mouse the well known cartoon character and the proud mascot of Disney. The root of Deadmau5 – real name Joel Zimmerman’s troubles was literally sitting on his head, his iconic Mau5head which he regularly wears during all his performances around the world.
The Walt Disney Company Disney is fiercely protective of its intellectual property, particularly when it comes to Mickey Mouse. Deadmau5’s application for a trademark registration under US law to use his Mau5head symbol on clothing, accessories, posters and all his merchandise, this brought Disney to file an opposition to block Deadmau5’s registration, arguing that despite the creepy grin and vacant eyes, the “mau5head, with its round head and large circles-for-ears, so closely resembles Disney’s prior use and registered Disney’s Mouse Ears Marks and is likely to cause confusion, or to cause mistake, or to deceive.
Deadmau5 fought back with Disney when a few days later they illegally used his popular song “Ghost N Stuff” in an online Disney video called “Re-MICKS” without his permission to which he sent Disney a cease and desist for the unlicensed content.
The underlining fact here is that Deadmau5 has registered for a trademark is 30 other countries and Disney never took any official action to object to Deadmau5 potentially diluting its trademarks, associated with the Mickey Mouse logo.
Disney finally dances to Deadmau5’s tune after nine months of debating over the use of the Mau5head symbol. The specific terms of the settlement have not been disclosed but Deadmau5 will not have to give up his rights to get his logo registered and continue to use his famous Mau5head at concerts.
This post has been authored by Ryan Albert Mendonca
Image Source/Attribution- here, governed by Creative Commons License CC BY-SA 3.0