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25 June 2015Trademarks

Disney trademark row with Deadmau5 reaches happy ending

Disney has agreed to drop its opposition to a trademark application filed by Canadian musician Deadmau5.

The dispute centres on an application filed by the musician at the US Patent and Trademark Office (USPTO) in 2013. The application, intended to be used for clothing, was for a design mark for a mouse head with prominent ears.

Disney claimed that the application was too similar to its own its own trademark covering its renowned mouse head ears and would cause a "likelihood of confusion" among US consumers.

The entertainment company first obtained a trademark for the mouse ears in 1928 and currently owns 25 registrations related to the design.

Disney filed its opposition in September last year.

Confirmation of the settlement came in a Tweet from the musician on Monday, June 22.

He tweeted: " Tadaaaa!!! *waves jazz hands*" in response to an article by entertainment news website The Hollywood Reporter (THR) on the dispute.

In the article, THR quoted a lawyer representing Deadmau5 who said the parties had " amicably resolved their dispute".

Before the settlement the dispute had heated up after Deadmau5 claimed in October that Disney had wanted to collaborate with the musician on "re-imagining" its 1940 film Fantasia.

Last week, Deadmau5 both initiated and settled another trademark dispute against a musical about a mouse's journey to being a DJ in just 24 hours.

The musical, called Deadmouse: The Musical, is due to be performed at the Toronto Fringe Festival between July 3 and July 11.

Deadmau5 issued a cease-and-desist letter to the producers on June 17 and subsequently posted it on his Twitter account.

He argued the musical "unfairly capitalises on the goodwill and reputation of Deadmau5's extremely popular marks".

But within 24 hours of the letter being sent, the producers of the musical posted a disclaimer on the official website stating that it was a “parody” and that "the musical is not written by Deadmau5 or endorsed by Deadmau5".

Disney had not responded to a request for comment at the time of publication, but we will update the story should the company get in touch.

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15 October 2014   Musician Deadmau5 has hit back at Disney’s attempt to deny him a trademark for his mouse head logo, claiming the multinational previously wanted to use the design to collaborate with him.
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4 September 2014   Disney Enterprises has filed an opposition against dance musician Deadmau5’s attempt to trademark his mouse head logo, claiming it is too similar to Mickey Mouse’s ears.