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

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

Mon, Nov 23rd 2009 8:44am — Mike Masnick

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...

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

24 Comments

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Brendan (profile), 23 Nov 2009 @ 8:47am

Gorsh!
That sounds pretty Goofy...
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- Hephaestus (profile), 23 Nov 2009 @ 8:59am
  
  Re: Gorsh!
  It Quacks me up
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  - Kazi, 23 Nov 2009 @ 9:46am
    
    Re: Re: Gorsh!
    Stop before I get a quack attack.
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- DS, 23 Nov 2009 @ 9:56am
  
  Re: Gorsh!
  I lol'd
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Alias (profile), 23 Nov 2009 @ 9:03am

This is total
Shenanigans.
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Anonymous Coward, 23 Nov 2009 @ 9:05am

"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?
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- Esahc (profile), 23 Nov 2009 @ 11:20am
  
  Re:
  Roger is too busy with the divorce with Jessica
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  - Anonymous Coward, 23 Nov 2009 @ 8:42pm
    
    Re: Re:
    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?
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Anonymous Coward, 23 Nov 2009 @ 9:12am

More Clues...
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.
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Sarah Black (profile), 23 Nov 2009 @ 9:22am

Poorly translated joke?
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."
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BullJustin (profile), 23 Nov 2009 @ 9:36am

Oregon Ducks
I guess now is the time to hold a new duck competition for Oregon so they can have control over their own mascot.
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Anonymous Coward, 23 Nov 2009 @ 9:38am

Someone's been punked. No record of it in the S.D Fla. docket. And it's all wrong in so many ways.
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Anonymous Coward, 23 Nov 2009 @ 9:44am

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.
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Maxoto, 23 Nov 2009 @ 9:46am

Funny Video
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
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Fin, 23 Nov 2009 @ 9:55am

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

You're welcome ;)
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technomage (profile), 23 Nov 2009 @ 10:17am

Well Guess is donald is going to be unavailable, maybe howard can step in as a stunt double?
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Anonymous Coward, 23 Nov 2009 @ 10:39am

"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
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Shawn (profile), 23 Nov 2009 @ 12:19pm

suspicious
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.
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david_sp, 23 Nov 2009 @ 1:07pm

The truth might not be really that unsual
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!
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- fairuse (profile), 24 Nov 2009 @ 3:29am
  
  Re: The truth might not be really that unsual
  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.
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vyvyan, 23 Nov 2009 @ 3:34pm

Quit goofing around!
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?
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- Anonymous Coward, 23 Nov 2009 @ 3:47pm
  
  Re: Quit goofing around!
  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.
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  - vyvyan, 24 Nov 2009 @ 2:06am
    
    Re: Re: Quit goofing around!
    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
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Emily Smith, 12 Nov 2015 @ 10:40pm

Donald duck funny
DONALD DUCK - Chip and Dale NEW!!! Cartoons Full Episodes! 2015
https://youtu.be/khrTRwzTJFQ
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