Nobody can escape their own end, not even Mickey Mouse. Thus, after 95 years of protection, the copyright associated with the cartoon character has finally entered the public domain. Yes, you read that correctly! The cheeriest of mice is no longer under the exclusive control of its creators or a giant corporation.

For decades, Mickey Mouse has been a symbol of childhood joy, but also of corporate profit, stringently protected by copyright laws. The protection afforded by copyright, much like Cinderella’s magical evening, does not last forever, but for 95 years in this case. Therefore, considering that Mickey Mouse made his debut in 1928, it is no longer protected.

However, it should be noted that not all iterations of Mickey Mouse have entered the public domain, but only the version illustrated in the “Steamboat Willie” cartoons. Hence, not everything is as simple as it seems in the world of intellectual property. While the classic version of Mickey is now free, later versions and other Disney characters might still be off-limits for use without prior consent. It’s a complex labyrinth, similar to those in which our beloved mouse often found himself.

“Steamboat Willie”, Credit…LMPC, via Getty Images

What does this mean for artists, entrepreneurs, and mouse enthusiasts around the world? A whole world of possibilities! And now you can use Mickey in your art, you can use his image in your products, or even create new stories for him, without needing a magic wand, the permission of rights holders or an impressive budget.

In conclusion, as Mickey Mouse joins the public domain, we are reminded of the ever-evolving nature of copyright law. So, grab your pencils, brushes, laptops, and entrepreneurial spirit, and let’s see what magic unfolds in this new era of Mickey Mouse.

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Recently an indie developer announced a survival horror game called “The Store is Closed”, where the player has to survive creepy undertakings within a furniture store during the night, or as some of us call it – a regular Saturday.

As many corporate giants do, IKEA sent a cease-and-desist letter to the developers of the game “Store is Closed,” citing trademark infringement and unfair competition.  In it the Swedish giant argues that the game included a logo named “STYR” with yellow letters on a blue background similar to IKEA’s trademark, and game characters wearing yellow shirts that resembled IKEA employees’ uniforms.

In the cease-and-desist letter, they argued that “Your game uses a blue and yellow sign with a Scandinavian name on the store, a blue box-like building, yellow vertical stiped shirts identical to those worn by IKEA personnel, a gray path on the floor, furniture that looks like IKEA furniture, and product signage that looks like IKEA signage. All the foregoing immediately suggest that the game takes place in an IKEA store.”

Guess they really are trying to close the store. Yes, pun intended.

It is important to note that trademark infringement occurs when a company or individual uses a trademark or a similar mark in a way that is likely to cause confusion among consumers or dilute the value of the original mark. However, in this case the two trademarks are clearly different, namely IKEA vs. STYR. Moreover, one could argue that the employees’ uniforms and signage don’t constitute themselves trademarks.

As would most people do when being met with the brute strength of a plywood behemoth, the developer removed all references to IKEA’s intellectual property, including the yellow and blue logo and the yellow shirts.

The gaming publication Kotaku managed to reach the IKEA team to which they responded:

“While we think it’s flattering that others are inspired by the IKEA brand, we must be diligent to ensure that the IKEA trademarks and trade dress are not misapplied. Various elements of the video game currently correspond in appearance with the IKEA brand features. We’ve reached out to the creator of the video and asked them to make changes to those elements to ensure that this is no longer the case. They expressed that they understand our request and agreed to make those changes. This should all be well in time for the expected 2024 launch of the game.”

This case highlights the importance of respecting IP rights and trademark law, as well as knowing how to deal when hit with a cease-and-desist. Businesses and individuals must be vigilant in protecting their IP, and seek professional legal counsel to ensure that their use of third-party IP is lawful. When creating content that may reference or use elements of existing brands or trademarks, it is essential to take steps to avoid any potential infringement, including seeking legal advice and modifying content as necessary.

Find out more if you want to know how to register an EU trademark.

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