It’s John Morgan versus The Mouse?
Morgan & Morgan filed a federal lawsuit[1] against Disney on Wednesday related to the law firm’s commercial parodying the famous Steamboat Willie 1928 cartoon[2] from Mickey Mouse’s early days.
The commercial, which says it wasn’t endorsed or authorized by Disney, shows Mickey Mouse crashing his steamboat into Minnie Mouse’s car. Minnie pulls out her cell and calls an attorney.
The law firm reached out to The Walt Disney Co. in advance and shared the commercial, alerting the entertainment giant that Morgan & Morgan planned to air the ad nationwide.
“The copyright on ‘Steamboat Willie’ expired on Jan. 1, 2024, and the property has, since that date, entered the public domain. We believe that the Advertisement does not violate any of the copyright rights that Disney originally enjoyed in and to the property,” Morgan & Morgan partner Damien Prosser wrote in the July letter, included in the court records.
Did Disney object? he asked.
“Disney’s policy is typically not to provide legal advice to third parties. Without waiver of any of its rights, Disney will not provide such advice in response to your letter,” Disney’s Chief Assistant Counsel Gloria Shaw wrote back.
That same month, Disney sued a jewelry store in California for its designs featuring Mickey Mouse.
Unsatisfied with Disney’s response and aware of the California lawsuit, Morgan & Morgan sued on Wednesday to get a ruling from the courts to declare its commercial didn’t violate Disney’s intellectual property rights.
“Disney’s history of aggressive enforcement of intellectual property rights, including recent trademark litigation against third parties using the same public domain work, combined with Disney’s refusal to disclaim an intent to engage in enforcement against Morgan & Morgan’s proposed use, has created a real, immediate, and substantial controversy,” Morgan & Morgan’s lawsuit said. “Morgan & Morgan faces a credible anticipation and threat of litigation that is causing ongoing business harm and chilling its lawful use of public-domain content.”
Disney did not respond to comment on Wednesday afternoon.
In dark irony to Morgan & Morgan’s commercial, a Disney World ferryboat reportedly crashed[3] into a dock this Summer, although no lawsuits have yet been filed over the incident.
Steamboat Willie entered the public domain to great anticipation. Already, a horror movie called “Screamboat[4]” with a scary Mickey Mouse knockoff has been released.
“On the last ferry of the night in New York, passengers and crew are hunted by a merciless rat, and what should have been a peaceful crossing turns into a bloody massacre,” the movie tagline reads.
Donald Harris[5], associate dean at Temple University’s Beasley School of Law[6], said having the Steamboat Willie version of Mickey Mouse going into the public domain could cost Disney some revenue and might hurt the theme park’s reputation.
“If someone else creates something else based on Steamboat Willie and people might confuse it as coming from Disney, then Disney has a potential trademark infringement suit. Trademark law, unlike copyright law, can last in perpetuity, so it adds an extra layer of protection. I suspect there could be lawsuits based on trademark rather than copyright,” he said in a Q&A published by the school last year[7]. “In the case of Steamboat Willie, it has been protected by copyright; we’ve provided incentives for Disney to create it, and now it’s in the public domain. But we want to ensure that people are not confused with new works incorporating Steamboat Willie as coming from Disney. Trademark law ensures that we are using these new works without confusing consumers.”
Morgan and Morgan argued it hadn’t violated any intellectual property laws.
“Disney’s U.S. copyright for ‘Steamboat Willie’ has expired, and the work is now in the public domain, free for anyone to use without license,” the law firm’s lawsuit said. “Mindful of the expiration of copyright, Morgan & Morgan created the Advertisement incorporating certain visual elements from ‘Steamboat Willie’ in a manner consistent with its public domain status.”
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References
- ^ filed a federal lawsuit (www.documentcloud.org)
- ^ Steamboat Willie 1928 cartoon (docsend.com)
- ^ a Disney World ferryboat reportedly crashed (people.com)
- ^ Screamboat (www.imdb.com)
- ^ Donald Harris (law.temple.edu)
- ^ Temple University’s Beasley School of Law (law.temple.edu)
- ^ in a Q&A published by the school last year (news.temple.edu)