POSTED BY Philip Kachajian
The critically acclaimed electronic music artist Deadmau5 has lawyered up in response to a trademark infringement suit launched by media giant Disney, which believes that Deadmau5’s signature mouse-head logo is too similar to their own. Not to be outdone by Disney’s suit, counsel for the artist have filed a cease and desist letter against Disney for allegedly using the artist’s smash hit song, “Ghosts ‘n’ Stuff” in a short video remix posted on Disney’s website. The video, which is titled, “Re-Micks,” a play on words derived from Disney’s iconic mouse, features Mickey Mouse running through a haunted house to the tune of the track. The video in question, which can be found on Youtube is only one minute and fifty seconds in runtime, well below the full track length of “Ghosts ‘n’ Stuff.” It also only uses the beat from the song while omitting the lyrics, but despite these changes the track is unmistakably familiar to anyone who has heard it before. Deadmau5 himself went on the attack over social media network Twitter, informing Disney in somewhat less than polite terms that they were receiving the letter, and alleging that he had never given permission for the use of his music.
The artist’s complaint also alleges that Disney’s use of his music goes beyond infringement against him personally, but also extends to EMI Music Publishing Limited, Virgin Records Limited, and Ultra Records, LLC, record labels involved with the artist’s work. Deadmau5 went on to lament Disney’s conduct in a follow-up tweet to his first, adding that he might have been willing to work with them in the future if not for the recent legal controversy. Disney, for its part, objects only to the artist’s use of the mouse-head logo within the United States, and states that it has no problem with the artist wearing his signature mouse-head mask during performances. If the courts were to side with Disney in the impending trademark suit, it would be a first worldwide. The electronic music mogul has the mouse-head logo trademarked in over thirty countries, and applied last June for a trademark with the U.S. Patent and Trademark Office. Disney filed an official 171-page opposition to the trademark application in early September of this year, arguing that granting Deadmau5 licensing rights would hurt its business both within the United States and globally.
While some might see Disney as being petty in filing suit against Deadmau5 over a simple similarity of appearance between the two mice, it should come as no surprise to anyone familiar with the company’s practices. Disney is famously litigious when it comes to protecting what it sees as its proprietary intellectual property. The company has also shown time and time again that it will not back down from claims against potential infringement, making it easier for most parties, whose coffers cannot hope to match Disney’s, to simply settle with the Magic Kingdom. Deadmau5, however, is not just any litigant. While not quite as wealthy as Disney, one of the most successful companies in the world, the artist does boast a personal fortune of around forty five million dollars, giving him more than enough money to sustain a protracted legal battle. In addition to ample funds, Deadmau5 also boasts legions of loyal fans, many of whom have taken to Twitter in order to support the artist and slam Disney. While both Mickey and Dead mouse are still getting their legal ducks in a row for court, (though Donald Duck will not appear in support of Mickey when the case goes to trial) it is clear that when the dust finally clears, the world will know which of these mice is really the big cheese.
Bio: Phil is a staff member of the Journal of High Technology Law. He is currently a 2L at Suffolk Law with a concentration in Trial and Appellate Advocacy. He holds a B.A. in History and in English from the University of Vermont.
