Apple, CBS face trademark lawsuit over “Mighty Mouse” computer mouse
Man & Machine Inc. files intellectual property lawsuit
Industry: Computer Technology
Defendant: Apple, Inc., CBS Corporation and CBS Operations Inc.
Plaintiff: Man & Machine Inc.
Jurisdiction: Maryland District Court
Result:
Source: Brendan Kearney, “Small firm sues Apple, CBS over ‘Mighty Mouse’ device name,” Red Orbit, May 21, 2008; “Man & Machine, Inc. v. Apple, Inc. et al,” Justia Case Information, May 20, 2008.
On May 20, 2008, Man & Machine Inc. filed an intellectual property lawsuit against Apple Inc., CBS Corporation and CBS Operations Inc., seeking an injunction against Apple’s use of the mark MIGHTY MOUSE on computer mouse products.
Man & Machine, a 20-employee company based in Maryland, said it developed and sold its computer mouse by 2004, more than a year before Apple began selling a similar device with the same name, in August 2005.
The lawsuit also seeks an invalidation of the Apple-CBS licensing agreement, and a declaration that Man & Machine’s use of the mark does not dilute CBS’ mark.
CBS’ subsidiary already owns the mark in reference to clothing and toys, but filed a computer-related trademark application for the mark in 2007. Man & Machine is also opposing CBS’ application to trademark “Mighty Mouse” for this use.
