Too Much Free Time

Too Much Free Time

by Mike Masnick


Filed Under:
donald duck, lawsuits, mickey mouse, trademark, university of oregon

Companies:
disney



What Kind Of Mickey Mouse (And Donald Duck) Lawsuits Are These?

from the what's-going-on-now? dept

Donald Duck is apparently pretty busy on the trademark law front. On the same day, I heard about two separate legal incidents involving Donald Duck, which is just the sort of coincidence that can't be ignored. The first story, admittedly, is more bizarre than the second. It involves Mickey Mouse suing Donald Duck. Literally. It's got to be some sort of prank, but the lawsuit has actually been filed. The complaint is rather basic, with Mickey Mouse's lawyer Juan Abogado ("Abagado" apparently is the word for "lawyer" in Spanish.) stating simply:

COMES NOW Plaintiff, by and through undersigned counsel, and states:
1. This is an action arising under the Trademark Protection Act, 15 USC 78.
2. The Plaintiff is the owner of the trademark no. 0134148349208, (Walt Disney World patent).
3. The Defendant is a duck.
Donald Duck, represented by his lawyer, Pluto the Dog, Esq., quickly shot back:
1. Admitted.
2. Denied.
3. Admitted.
A quick search fails to turn up the trademark in question, though, I'll admit to not putting much effort into it.

The other case involving the same Donald Duck is a bit more bizarre. Reader Kevin Brody lets us know that the University Oregon has a stylized version of Donald Duck as its mascot, on license from Disney. Some students and fans of the University football team put together a song about how much they love the team. Great, right? Well, except that in the video they made, the Donald Duck-alike mascot makes a few appearances, and the school's marketing director flipped out and ordered them to edit out the duck, supposedly because Disney either was, or could get, upset about the usage. As the author of the column notes, this is ridiculous. It's just a few guys having fun and does no damage to the trademark at all. It's unclear if Disney actually got involved here, and my guess is that this is more the university stepping up before Disney said anything to protect itself. Given Disney's aggressive enforcement of its copyrights and trademarks in the past, perhaps this isn't a huge surprise.

Still, with Donald Duck being summoned by court clerk "Goofy" to the Florida courtroom where Mickey is suing, you have to wonder if he'll be able to make it back in time for the the Oregon Ducks game...

23 Comments | Leave a Comment..

 
 

Reader Comments (rss)

(Flattened / Threaded)

  1. Nov 23rd, 2009 @ 8:47am

    Gorsh!

    by icon Brendan (profile)

    That sounds pretty Goofy...

    (reply to this comment) (link to this comment)

  2. Nov 23rd, 2009 @ 8:59am

    Re: Gorsh!

    by icon Hephaestus (profile)

    It Quacks me up

    (reply to this comment) (link to this comment)

  3. Nov 23rd, 2009 @ 9:03am

    This is total

    by icon Alias (profile)

    Shenanigans.

    (reply to this comment) (link to this comment)

  4. Nov 23rd, 2009 @ 9:05am
    by Anonymous Coward

    "with Mickey Mouse's lawyer Juan Abogado ("Abagado" apparently is the word for "lawyer" in Spanish.)"

    Why didn't Mickey Mouse just get Roger Rabbit as his lawyer?

    (reply to this comment) (link to this comment)

  5. Nov 23rd, 2009 @ 9:12am

    More Clues...

    by Anonymous Coward

    The complaint lists an overlong trademark number and then states that the number is a "Walt Disney World" patent. That is not Disney's legal name, and any attorney would be providing someone with a basis for incompetence by confusing trademarks and patents. The person who filed this bogus suit will be in serious trouble if they are found.

    (reply to this comment) (link to this comment)

  6. Nov 23rd, 2009 @ 9:22am

    Poorly translated joke?

    by icon Sarah Black (profile)

    Mickey Mouse and Minnie Mouse were in divorce court and the judge said to Mickey, "You say here that your wife is crazy."

    Mickey replied, "No I didn't, I said she was fucking Goofy."

    (reply to this comment) (link to this comment)

  7. Nov 23rd, 2009 @ 9:36am

    Oregon Ducks

    by icon BullJustin (profile)

    I guess now is the time to hold a new duck competition for Oregon so they can have control over their own mascot.

    (reply to this comment) (link to this comment)

  8. Nov 23rd, 2009 @ 9:38am
    by Anonymous Coward

    Someone's been punked. No record of it in the S.D Fla. docket. And it's all wrong in so many ways.

    (reply to this comment) (link to this comment)

  9. Nov 23rd, 2009 @ 9:44am
    by Anonymous Coward

    Juan is also the most common first name in spanish (kind of like "John Smith" is the most common name in english).

    I wonder if wearing an Oregon Ducks t-shirt represents a public performance.

    (reply to this comment) (link to this comment)

  10. Nov 23rd, 2009 @ 9:46am

    Funny Video

    by Maxoto

    That University of Oregon video, done by some students and the not the University it's self, is pretty funny.
    http://www.youtube.com/watch?v=_hrjpe1VCNg

    (reply to this comment) (link to this comment)

  11. Nov 23rd, 2009 @ 9:46am

    Re: Re: Gorsh!

    by Kazi

    Stop before I get a quack attack.

    (reply to this comment) (link to this comment)

  12. Nov 23rd, 2009 @ 9:55am
    by Fin

    Lawyer in Spanish is not "abAgado" but "abOgado".

    You're welcome ;)

    (reply to this comment) (link to this comment)

  13. Nov 23rd, 2009 @ 9:56am

    Re: Gorsh!

    by DS

    I lol'd

    (reply to this comment) (link to this comment)

  14. Nov 23rd, 2009 @ 10:17am
    by icon technomage (profile)

    Well Guess is donald is going to be unavailable, maybe howard can step in as a stunt double?

    (reply to this comment) (link to this comment)

  15. Nov 23rd, 2009 @ 10:39am
    by Anonymous Coward

    "The first story, admittedly, is more bizarre than the second." ... "The other case involving the same Donald Duck is a bit more bizarre."

    seriously... which one is more bizarre? Make up your mind. =P

    (reply to this comment) (link to this comment)

  16. Nov 23rd, 2009 @ 11:20am

    Re:

    Roger is too busy with the divorce with Jessica

    (reply to this comment) (link to this comment)

  17. Nov 23rd, 2009 @ 12:19pm

    suspicious

    by icon Shawn (profile)

    I smell a Disney publicity stunt but for what purpose? Seems odd obviously but are they coming up with a court room drama to teach kids about copyright law and this the grass roots effort getting under way? You can tell I am always suspicious.

    (reply to this comment) (link to this comment)

  18. Nov 23rd, 2009 @ 1:07pm

    The truth might not be really that unsual

    by david_sp

    This story apparently orginated at legalpad.typepad.com. There is a post on the legalpad entry that suggests that this might be left over from a system test of the PACER system and the IT team forgot to delete the data before the system was installed in production.

    Hats off to the IT team for using fake data instead of real data!

    (reply to this comment) (link to this comment)

  19. Nov 23rd, 2009 @ 3:34pm

    Quit goofing around!

    by vyvyan

    Wait a minute Mike, you're confused again

    ...The first story, admittedly, is more bizarre than the second...
    and after a few paras
    ...The other case involving the same Donald Duck is a bit more bizarre....
    Now now, which one is more bizarre?

    (reply to this comment) (link to this comment)

  20. Nov 23rd, 2009 @ 3:47pm

    Re: Quit goofing around!

    by Anonymous Coward

    Wait a minute vyvyan, you're confused again

    You are under the impression that you were the first to notice that, but I was.

    Stop copying me.

    (reply to this comment) (link to this comment)

  21. Nov 23rd, 2009 @ 8:42pm

    Re: Re:

    by Anonymous Coward

    How many divorces has he had so far btw? Isn't this like his sixth or seventh one? BTW, doesn't he have like 9 wives?

    (reply to this comment) (link to this comment)

  22. Nov 24th, 2009 @ 2:06am

    Re: Re: Quit goofing around!

    by vyvyan

    I was never under the impression that I was the first one to notice, but I won't do a cheapo stunt of copying a coward :P.

    I've stopped reading your comments, they are not worth my time. Please, please don't get disheartened by this disclosure, Your other self still reads and loves your comments. :D

    (reply to this comment) (link to this comment)

  23. Nov 24th, 2009 @ 3:29am

    Re: The truth might not be really that unsual

    by icon fairuse (profile)

    You got it - looked like test data. Too clean. Interesting thing PACER. No subscription? One would have to walk in to get ask for the stuff. Just an observation.

    (reply to this comment) (link to this comment)

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