If this was a case that Morgan and Morgan expected to win they would not have withdrawn the ad.
That they did indicates that they don't even believe their own claims.
Skeptical that gamblor is an attorney, they certainly do not seem to know what they are talking about.
The real ad here is them baiting Disney and running this fairly open and shut case. Of cause they can use public domain material in their commercial and Disney can’t prevent them.
Mickey is still a trademark of the Disney corporation.
You're right though. This is an open and shut case that Morgan and Morgan will lose. There's only several decades of case law on this...
Mickey, yeah. But steamboat willie is covered by a copyright that has now since expired.
In both cases the company has zero rights to the underlying public thing, and the court just needs to ask: "Is someone trying to trick consumers into mis-identifying the company or product?"
P.S.: Even if the company transitioned into being a seller of commemorative Statue of Liberty figurines, their trademarked logo shouldn't give them the ability to monopolize the subject matter. In that other context it might even be revoked as too-generic and unenforceable.
https://www.politico.com/news/2025/05/15/john-morgan-florida...
Apropos of nothing, the firm's founder, John Morgan, has been instrumental in attempting to legalize marijuana in Florida, which some have identified as a potential, but very funny, conflict of interest given the type of work Morgan and Morgan does.
To be fair, "ambulance chaser" lawyer or not, over 90% of civil cases in general in the US settle before a trial commences.
It is strictly regulated how much money Morgan and Morgan can get out of someone who they represent.
Morgan and Morgan should just launch the commercial, it sounds hilarious
Not a lawyer, but to bring a lawsuit in the US you typically have to show that you've suffered a real injury that the court can remedy. How can Morgan and Morgan establish standing here?
cognomano•2d ago
joecool1029•2h ago
hamdingers•2h ago
Let the copyright on a work expire so I can share my copy of Toy Story with my friends, but retain a trademark on the characters so that I can't go around making new Toy Story movies (or theme parks or pajamas).
cool_dude85•2h ago
worik•47m ago
But ten years
A decade is enough
IP is a trade off, and the balance is wonky
themafia•1h ago
Terr_•1h ago
Here's a quick thought experiment: Suppose I create a small movie company based on another character also in the public domain, and I successfully receive a trademark for my logo, which is... Jesus Christ.
Does/Should that give me control over anyone selling or distributing other books, movies, pictures, and songs depicting Jesus?
In a sane world, the answer is "heck no", because trademarks are really about stopping fraud, where someone else is trying to leech off my good reputation by confusing people into doing business with them instead.
Now, one might plausibly argue that Jesus is "generic" and thus the original trademark was wrongly granted, but the same principles apply even if I rebrand under just one of the less-popular characters or symbols. ("As the owner Pontius Pilate Productions, your story violates my trademark!")
zdragnar•1h ago
Terr_•1h ago
My brother in Jesus Christ paperwork, even now there are already 236 active and formally-registered trademarks which have been granted involving "Jesus Christ", 18 if you limit it to "wordmarks." [0]
Also, as per the concurrent(?) edited-in last paragraph, the basic idea remains even if the scope is, er, less-grandiose.
[0] https://tmsearch.uspto.gov/search/
marcosdumay•49m ago
On this case specifically, you can't make a Mickey Mouse cartoon in a way that looks like it came from Disney. That's all that the trademark protects.
smelendez•1h ago