Copyrights, Trademarks, and a Certain Animated Mouse

Jan 8, 2024 New York, NY

2024 has started off with big news in the intellectual property world. Mickey Mouse has officially entered the public domain! In a page taken from the recent release of “Winnie the Pooh: Blood and Honey,” it should come as no surprise that at least two different horror movies featuring Mickey Mouse have already been announced.

To be more specific, the planned movies will feature the black and white, almost rat-like, version of Mickey Mouse that appeared in Steamboat Willie. This is the only version of Mickey that has entered the public domain. The big-eyed, round-faced mouse in red pants that most of us are familiar with is still covered by federal copyright protections. If you try and copy “modern” Mickey instead of “steamboat” Mickey, you will learn firsthand why the cardinal rule of intellectual property is “don’t mess with the Mouse.” In fact, even if you copy “Steamboat” Mickey you may still learn this potentially expensive lesson.

While the copyright on Steamboat Willie has expired, intellectual property in the United States is protected by a complex web of rights. Copyright overlaps with trademark rights, which in turn can overlap with patent protections. Just because one protection has expired, doesn’t mean the others have.

Anyone who has seen an animated Disney movie in the last few years has probably seen the “title card” where pencil strokes on a page become Steamboat Willie, who dances and whistles merrily while the Walt Disney Animation Studios name appears beneath the snippet of the cartoon. In perhaps the least surprising IP move in the history of IP moves, Disney has trademarked this sequence (U.S. Registration No. 6,846,660 to be exact). This means that any prospective auteurs run the very real risk of violating Disney’s trademarks with their use of Steamboat Willie.

Even if Disney fails to establish that there is trademark infringement, which in and of itself will be a costly process for a prospective defendant, there are other remedies available to owners of famous trademarks –and Mickey Mouse certainly fits that description – including dilution by tarnishment. Essentially, Disney can argue that the proposed horror movies hurt the Disney brand by tarnishing Mickey Mouse, a beloved icon of children’s entertainment.

Disney built itself into the media powerhouse it is today based on intellectual property, so the company is famously protective of that IP. Anyone who plans to capitalize on properties entering the public domain should understand that and seek assistance in navigating the complex world of IP law. On the other hand, creators should understand their options for protecting their own rights and how best to establish, leverage, and enforce those rights.

The IP team at Greenspoon Marder has decades of collective experience counseling clients and providing guidance regarding these important questions. Our team monitors legal, legislative, and regulatory developments that could have a profound impact on your intellectual property, and we have worked with new creators and established brands alike to protect, maintain, and enforce their intellectual property. We are more than happy to counsel you regarding any questions you may have.

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 225 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has maintained a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

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