Morgan and Morgan sues Disney over Steamboat Willie

Copyright protections expire after 95 years in the U.S., which meant that Steamboat Willie , the Disney cartoon classic that marked the first appearance of Mickey Mouse (and Minnie Mouse) became public domain on Jan. 1, 2024.

Since then, plenty of companies have had some fun with that 1928 version of the world’s most famous rodent. John Oliver’s Last Week Tonight includes an actor wearing a Steamboat Willie Mickey costume in its opening credits each week and there has even been a horror film based on the IP, called Screamboat. But law firm Morgan & Morgan is still wary of a trademark infringement suit from the entertainment giant, so it has filed suit to find out once and for all if it can use Steamboat Willie in its television commercials.

The personal injury firm, which is one of the largest in the U.S., says it reached out to Disney to make sure it wouldn’t be sued for using images from the film in its solicitations. Disney’s lawyers, the firm said, replied by saying they would not offer legal advice to third parties.

The suit points to an intellectual property suit Disney filed earlier this year against a jewelry company that used Steamboat Willie characters as a further spot of confusion. That’s why Morgan and Morgan asked the courts to make things clear and prohibit Disney from asserting trademark infringement claims, it said.

“Disney’s history of aggressive enforcement of intellectual property rights, including recent trademark litigation against third parties using the same public domain work, combined with Disney’s refusal to disclaim an intent to engage in enforcement against Morgan & Morgan’s proposed use, has created a real, immediate, and substantial controversy,” the filing reads. “Morgan & Morgan faces a credible anticipation and threat of litigation that is causing ongoing business harm.”

The proposed ad shows a character that resembles Minnie Mouse from Steamboat Willie calling the law firm after a Mickey Mouse-like character crashes a boat into her car. Morgan and Morgan included a disclaimer that the ad was not approved, authorized or endorsed by Disney. The law firm hopes to air the commercial nationally and online.