Overview
- The Orlando-based firm filed a declaratory-judgment action on Sept. 17 in the U.S. District Court for the Middle District of Florida seeking a ruling that its planned spot is non-infringing and that Disney cannot sue if it airs.
- The proposed 37-second, black-and-white commercial depicts the 1928-style Mickey crashing a boat into Minnie’s car and features spoken and on-screen disclaimers that Disney did not authorize the ad.
- In July, Morgan & Morgan sent Disney a link to the ad and asked if the company would object, and Disney’s counsel replied that the company does not provide legal advice to third parties.
- The complaint cites Disney’s history of IP enforcement, including a July 16 lawsuit over Mickey-themed jewelry, and says the firm intends to broadcast the ad nationally on TV and online.
- Only the 1928 Steamboat Willie version entered the U.S. public domain on Jan. 1, 2024, Disney continues to protect modern iterations through trademark and other rights, and the company has not publicly commented on the filing.