If you are not a fan of EDM, you may not know who or what Deadmau5 is. Deadmau5 is the stage name of popular DJ Joel Zimmerman. Zimmerman famously wears a mouse bobblehead while performing and during public appearances. Last year, Zimmerman's holding company applied for the following mark:Look familiar? Disney thinks so.Earlier this week, Disney asked the USPTO for 90 days to investigate Deadmau5's application and file a notice of opposition. Disney's request was granted. Disney will likely argue that the mark is misleading and likely to confuse Deadmau5's goods and services with Disney's goods and services.
This is familiar territory for Disney, which has never been shy about protecting its intellectual property. With trademarks like Star Wars, the Avengers, and Toy Story, you can understand why.
Recently, Disney became embroiled in litigation related to its hit film Frozen. After Frozen's breakout success, Phase 4 Films changed the name of its movie The Legend of Sarila to Frozen Land and incorporated a logo substantially similar to the one used by Disney to market Frozen. Disney was displeased. It filed suit against Phase 4 Films. Eventually, Phase 4 Films agreed to immediately cease marketing and distribution of The Legend of Sarila as Frozen Land, to stop using the Frozen Land logo, to destroy all copies of the infringing logo, and to pay Disney $100,000.
So, while Deadmau5 may be hopeful Disney will choose not to oppose his filing before the end of its 90-day window to do so, it is unlikely Disney will "Let It Go."
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