Apple's "Mighty Mouse" in Violation of Trademark? Man & Machine, Inc. v. Apple and CBS Corp.

            Whether you know the name from the adorably small yet “Mighty Mouse” who took over kid’s television screens every weekend morning in the forties or you recognize the name from the powerful mouse that graces so many Apple user’s desks, the name “Mighty Mouse” has been fighting a battle all it’s own this past week.  Man & Machine Inc., which is a Maryland based company who manufactures water-resistant and hygienic keyboards and mice for medical and industrial environments, sued both Apple and CBS CORP. for trademark infringement.  M&M claims that while both their company and CBS hold trademark applications for the name, CBS’s use of the name does not cover such goods as computer products and therefore, if they licensed the name to Apple, it would be in violation of the trademark. 

            It seems to me that even if Man & Machine Inc. used the name for computer products before Apple (which they claim is true), the use of the name is for completely different niches in the computing world.  M&M’s water-resistant, hygienic, and may I also say “wired” mouse design of “Mighty Mouse” is advertised and promoted specifically for medical and industrial use, differing with Apple’s design for a sleek and powerful mouse used mostly for home and office use.  Most consumers who would be in the market for Apple’s Mighty Mouse would not, upon seeing M&M’s “Mighty Mouse,” change their mind about their purchase considering the different applications and niches for the product. 

            Man & Machine, Inc. is seeking money damages and a Court issued order, which will block Apple’s use of the name.  A hearing date has not yet been set.