The case against Apple and CBS was filed by a firm called Man and Machine. It alleges Apple began selling its Mighty Mouse over one year after Man and Machine began selling waterproof and chemical resistant mice under the same name to labs and hospitals in 2004.
The company claims its earlier use trumps Apple’s.
Apple licensed use of the Mighty Mouse brand from CBS, the network which owns the animated television show featuring a superhero mouse of the same name.
Man and Machines now argues that CBS didn’t have the right to offer Apple the license to the name, as the CBS trademark on the name doesn’t cover goods in that category. Man and Machines argues it holds the trademark for use of the Mighty Mouse name in conjunction with an interface controller. Alongside the legal case it is also challenging the CBS trademark with a filing at the US Patent and Trademark Office.