By Glenn S. Demby, Esq.
The never-ending legal adventures of Deadmau5 and his famous trademark highlight key issues in copyright and trademark law as they relate to licensing.
Question 1
Does this… | …infringe on this? |
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The logo on the left, which belongs to one Joel Zimmerman, aka Deadmau5, bears a noticeable resemblance to the iconic logo below. So it’s hardly surprising that when the hip Canadian DJ tried to trademark his logo in Sept. 2014, Disney filed opposition papers contending that the design “was nearly identical in appearance, connotation and overall impression to Disney’s Mouse Ear Marks” and would confuse consumers.
Resolution: After a brief war on Twitter, Deadmau5 wisely backed off and reached an amicable settlement with Disney that allows him to portray his mouse head with black ears, black face, white eyes and white mouth.
Question 2
Does this… | …infringe on this? |
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The image on the left is for a Canadian comedy about Joel Zimmermouse, a mouse who aspires to be a famous DJ but is thwarted by “mouse-ist” discrimination. Deadmau5 was not amused and told the Toronto production company to cease and desist.
Resolution: The sides settled with the producers agreeing to publish a disclaimer indicating that the play is a parody that was neither written nor endorsed by Deadmau5.
Question 3
Does this… | …infringe on this? |
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This week, Deadmau5 filed a lawsuit asking a federal court in California to prevent West Coast Vape from using “deadmodz” to market its electronic cigarette line. Deadmau5 is also seeking damages claiming that use of the deadmodz name and logo is a shameless attempt to capitalize on his fame and likely to create false associations in the minds of consumers.
Resolution: West Coast Vape has yet to respond to the allegations.