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Old 09-09-2014, 12:53 AM   #41
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Re: Di5ney and Deadmau5 lock ears

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His dick really is big
biggest mouse cock in the west

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Old 09-09-2014, 01:15 AM   #42
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Re: Di5ney and Deadmau5 lock ears

this video speaks for itself

https://www.youtube.com/watch?v=NxFWMZMm3vI

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Old 09-09-2014, 01:47 AM   #43
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Re: Di5ney and Deadmau5 lock ears

This is not the first time a trademark of this kind has been brought before the courts. Very rarely does the complainant win. Disney won't because they have absolutely no case against Deadmau5. All that will end up happening is Disney will have to pay Joel's legal fees. Their trademarks are so different from each other that there is no way they could be confused. More than that, as D5's lawyers noted, they've already registered the trademark in 30 other territories which Disney operates and they haven't challenged a single registration.
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Old 09-09-2014, 02:05 AM   #44
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Re: Di5ney and Deadmau5 lock ears

The lesson here is sue fast and sue hard. Don't fuck with trademarks.
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Old 09-09-2014, 02:12 AM   #45
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Re: Di5ney and Deadmau5 lock ears

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This is not the first time a trademark of this kind has been brought before the courts. Very rarely does the complainant win. Disney won't because they have absolutely no case against Deadmau5. All that will end up happening is Disney will have to pay Joel's legal fees. Their trademarks are so different from each other that there is no way they could be confused. More than that, as D5's lawyers noted, they've already registered the trademark in 30 other territories which Disney operates and they haven't challenged a single registration.
Right. But isn't it "worth it" for Disney to sue even if they can't win as a "don't fuck with us statement"?

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Old 09-09-2014, 02:23 AM   #46
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Re: Di5ney and Deadmau5 lock ears

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This is not the first time a trademark of this kind has been brought before the courts. Very rarely does the complainant win. Disney won't because they have absolutely no case against Deadmau5. All that will end up happening is Disney will have to pay Joel's legal fees. Their trademarks are so different from each other that there is no way they could be confused. More than that, as D5's lawyers noted, they've already registered the trademark in 30 other territories which Disney operates and they haven't challenged a single registration.
this ^

lemme buy you a drank jaded
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Old 09-09-2014, 02:26 AM   #47
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Re: Di5ney and Deadmau5 lock ears

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Right. But isn't it "worth it" for Disney to sue even if they can't win as a "don't fuck with us statement"?
imo, its all just a ton of flexing. i think disney is just pushing how far they can probably go. as jaded said above, Disney really doesn't have much of a case apart from "hey your thing kinda looks like our thing"
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Old 09-09-2014, 01:01 PM   #48
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Re: Di5ney and Deadmau5 lock ears

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Right. But isn't it "worth it" for Disney to sue even if they can't win as a "don't fuck with us statement"?
I'd say it's more about putting him through the whole rigmarole to "put him back in his place" as it were. I'd say it has a lot to do with his negative comments after they licensed one of his tracks for some video or something. At that level, the corporates expect creative people to know their place and do as directed. Nothing more.

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imo, its all just a ton of flexing. i think disney is just pushing how far they can probably go.
Definitely flexing. I think they want to bleed him for not playing along. They are probably pissed because when he registers his trademark and starts churning out the merchandise that's probably going to eat into their "frontier" markets. Instead of graduating and moving on to Marvel / Star Wars, the kids are going to go to EDM "raves" and buy D5 merchandise.

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as jaded said above, Disney really doesn't have much of a case apart from "hey your thing kinda looks like our thing"
And even that's not a valid argument. Apple Corps vs Apple Computers was exactly this kind of case. The case was found in favour of Apple Computer and Apple Corps were ordered to pay damages. The only condition was that Apple Computer wasn't allowed to enter the music business. When Apple Computer entered the music business, they offered a million dollars to Apple Corps. They refused the offer and when Apple Computer launched iTunes, they sued again. This time round, they lost again because Apple had made the financial offer.

Same here really. There's no way you could confuse the logo of a movie production company with that of a circus performer.

Last edited by Jaded; 09-09-2014 at 01:15 PM..
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Old 09-09-2014, 01:51 PM   #49
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Re: Di5ney and Deadmau5 lock ears

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Originally Posted by SKYCORE View Post
imo, its all just a ton of flexing. i think disney is just pushing how far they can probably go. as jaded said above, Disney really doesn't have much of a case apart from "hey your thing kinda looks like our thing"
No. It's not flexing. They have to oppose any TM that could might possibly be seen as confusing OR LOSE THE RIGHT TO USE THIER OWN. That's how trademarks work. You have to constantly prove that you are using and defending the trademarks you have in active commerce, or you lose them. This case hear is totally legit. Not saying that hey own those shapes, but they view the mouse head as something that could cause confusion and so they are legally obligated to oppose or they could lose their already established trademarks.

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Old 09-09-2014, 02:27 PM   #50
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Re: Di5ney and Deadmau5 lock ears

Disney doesn't need to prove anything, they've been consistently and extensively using their trademarks for 50 years and I'd like a detailed explanation of how you'd go about making a judicial claim that they've lost their right to use their trademarks because somebody somewhere used one that might be construed as somewhat similar. Also see link below.

And Jaded, Apple Corps won the case, thrice. It was Apple computers who paid the damages and settlements, and when Apple Corps lost the iTunes case it was because of a specific clause in the agreement made when that settlement was paid.

As to the claims that dm5 successfully filed for trademarks in other countries, http://itlaw.wikia.com/wiki/Progressive_encroachment

My money isn't on Zimmerman if he wants to sell anything but EDM records, and even then he may have to pay for the privilege.

Last edited by lebeux; 09-09-2014 at 02:33 PM..
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Old 09-09-2014, 03:47 PM   #51
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Re: Di5ney and Deadmau5 lock ears

I want to see all the various options Disney sent Deadmau5 as an alternative to his logo before they had this kerfluffle
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Old 09-09-2014, 05:24 PM   #52
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Re: Di5ney and Deadmau5 lock ears

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problem solved

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Old 09-09-2014, 05:58 PM   #53
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Re: Di5ney and Deadmau5 lock ears

if he added whiskers that wouldn't be so bad
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Old 09-09-2014, 07:30 PM   #54
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Re: Di5ney and Deadmau5 lock ears

In other news...

McDonalds sues Insane Clown Possey.

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Old 09-09-2014, 08:00 PM   #55
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Re: Di5ney and Deadmau5 lock ears

Would be hilarious if he counter-sued Disney and won and they had to erase Mickey from history. So many child tears.

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Old 09-09-2014, 08:51 PM   #56
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Re: Di5ney and Deadmau5 lock ears

A thought passed my mind reading the topic:

Who owns the Spiderman comic series? Because The Bloody Beetroots (I was a big fan like 5 or 6 years ago) wear Venom masks, and probably (?) sell merchandise with a picture of that mask as well.

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Old 09-09-2014, 08:57 PM   #57
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Re: Di5ney and Deadmau5 lock ears

movie rights to marvel comics are a fun can of worms

marvel retains all the rights for comic books afaik
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Old 09-09-2014, 11:24 PM   #58
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Re: Di5ney and Deadmau5 lock ears

^ Disney owns Marvel.
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Old 10-09-2014, 12:33 PM   #59
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Re: Di5ney and Deadmau5 lock ears

and espn..and hulu...and abc... and lucasfilm... and selena gomez... and
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Old 10-09-2014, 12:54 PM   #60
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Re: Di5ney and Deadmau5 lock ears

and soon probably Joel Zimmerman's ass

but movie rights to Marvel characters were sold to various companies

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