The iconic 1928 cartoon Steamboat Willie, renowned for introducing Mickey and Minnie Mouse, is at the heart of a legal dispute that underscores the intricacies of trademark law. Morgan & Morgan, a law firm, has initiated a lawsuit requesting a court determination that its commercial, which incorporates the public domain cartoon, does not violate Disney’s trademark rights in the Mickey Mouse brand.
The public domain status of Steamboat Willie expired on December 31, 2023, rendering its artistic elements - such as animation and characters - freely available for use. However, Disney retains trademark rights over the Mickey Mouse brand, encompassing the character’s name, image, and associated logos. These trademarks, distinct from copyright, remain enforceable even after the original work enters the public domain.
In July 2025, Morgan & Morgan released a commercial featuring Steamboat Willie and notified Disney of its nationwide broadcast. Disney did not seek authorization or clarification on whether the commercial infringed its trademark rights. The law firm maintains that the ad does not mislead consumers into believing Disney endorsed the campaign, as it includes a disclaimer stating no affiliation with Disney.
Morgan & Morgan further argues that the commercial does not compete with Disney’s offerings, which focus on entertainment and media. The firm asserts that no reasonable consumer would confuse its legal services with Disney’s branding.
Disney has not yet addressed Morgan & Morgan’s claims. The case raises pivotal questions about the scope of trademark protection. While the cartoon’s copyright is expired, the Mickey Mouse brand remains a registered trademark, enabling Disney to assert rights over its commercial use. The dispute illustrates how trademark law can extend beyond the original work, creating potential conflicts when public domain content is repurposed.
This case may redefine future interpretations of trademark confusability and the extent of brand protection. As companies navigate the intersection of copyright and trademark law, trademark monitoring has become increasingly vital. Businesses must evaluate how their use of public domain content might inadvertently infringe on existing trademarks, even when the original work is no longer protected by copyright.
Services like IP Defender assist businesses by tracking conflicts and infringements through national trademark databases. IP Defender’s ability to detect rogue registrations across 50+ countries ensures brands remain proactive against threats. The outcome could influence how courts balance trademark holders’ rights with the free use of public domain material, offering clarity for businesses in a dynamic legal environment.
The implications for brands are significant. A single oversight can result in costly legal disputes and reputational harm. Proactive measures, such as continuous trademark monitoring, are essential to protecting intellectual property. IP Defender’s focus on ongoing surveillance ensures brands remain shielded from unexpected conflicts.