Book title: Disney trademark question -Title of my book includes the name Mickey

[Vintagejoe]

What is the name of your state (only U.S. law)? MA.

What is the name of your state (only U.S. law)? MA.
I have written a novella that I plan to publish as an e-book. The story is about a mouse, a quite clever and verbally sophisticated mouse -he lives in the walls of a therapy center with 5 other mice -equally sophisticated (they have their own staff meetings and diagnose the therapists and keep track of the therapy patients progress). The character's name and the title of the book is Mickey Freud-hence my question. The cover will show a therapy office w/ a very small image of a field mouse under the therapist's chair during a therapy session. There will be a subtitle -"A story of mice and psychotherapy" BTW. all of the other mice have first names of famous psychiatrists.
I have heard from friends that Disney scours the web for anything with a hint of trademark infringement. My wife, however, says "Go ahead and use the name "What are you a man or a mouse?"
Question:
Am I on relatively safe ground using the name Mickey?
If Disney files a motion against me -what might the repercussions be? If they just order me to desist, I can change Mickey's name in an e-book as well as the cover art. I just don't want any financial exposure.
I feel that my Mickey is so very different in setting, style, sophistication and even coloring that he can't be compared to WD's black and white squeaker.

Many thanks,
VintageJoe

 

[HomeGuru]

What is the name of your state (only U.S. law)? MA.

What is the name of your state (only U.S. law)? MA.
I have written a novella that I plan to publish as an e-book. The story is about a mouse, a quite clever and verbally sophisticated mouse -he lives in the walls of a therapy center with 5 other mice -equally sophisticated (they have their own staff meetings and diagnose the therapists and keep track of the therapy patients progress). The character's name and the title of the book is Mickey Freud-hence my question. The cover will show a therapy office w/ a very small image of a field mouse under the therapist's chair during a therapy session. There will be a subtitle -"A story of mice and psychotherapy" BTW. all of the other mice have first names of famous psychiatrists.
I have heard from friends that Disney scours the web for anything with a hint of trademark infringement. My wife, however, says "Go ahead and use the name "What are you a man or a mouse?"
Question:
Am I on relatively safe ground using the name Mickey?
If Disney files a motion against me -what might the repercussions be? If they just order me to desist, I can change Mickey's name in an e-book as well as the cover art. I just don't want any financial exposure.
I feel that my Mickey is so very different in setting, style, sophistication and even coloring that he can't be compared to WD's black and white squeaker.

Many thanks,
VintageJoe

**A: you'd be in trouble and not on safe ground.

 

[ecmst12]

Think of another name for your character.

If he is so different from the disney character, then you don't need to use the name.

 

[HomeGuru]

Think of another name for your character.

If he is so different from the disney character, then you don't need to use the name.

**A: maybe Mickey the Mongoose or Mickey the Moose.

 

[Vintagejoe]

Cruel joke

**A: maybe Mickey the Mongoose or Mickey the Moose.

Whoever wrote this is obviously a cruel person.

 

[ecmst12]

Not really. I suggest a sense of humor. But you really need to stay away from Disney's trademarks, they protect them vigorously and their pockets are much deeper than yours.

 

[quincy]

What is the name of your state (only U.S. law)? MA.

What is the name of your state (only U.S. law)? MA.
I have written a novella that I plan to publish as an e-book. The story is about a mouse, a quite clever and verbally sophisticated mouse -he lives in the walls of a therapy center with 5 other mice -equally sophisticated (they have their own staff meetings and diagnose the therapists and keep track of the therapy patients progress). The character's name and the title of the book is Mickey Freud-hence my question. The cover will show a therapy office w/ a very small image of a field mouse under the therapist's chair during a therapy session. There will be a subtitle -"A story of mice and psychotherapy" BTW. all of the other mice have first names of famous psychiatrists.
I have heard from friends that Disney scours the web for anything with a hint of trademark infringement. My wife, however, says "Go ahead and use the name "What are you a man or a mouse?"
Question:
Am I on relatively safe ground using the name Mickey?
If Disney files a motion against me -what might the repercussions be? If they just order me to desist, I can change Mickey's name in an e-book as well as the cover art. I just don't want any financial exposure.
I feel that my Mickey is so very different in setting, style, sophistication and even coloring that he can't be compared to WD's black and white squeaker.

Many thanks,
VintageJoe

First, HomeGuru is hardly a cruel person and his post was amusing not cruel. I just do not understand your rather strange comment at all, Vintagejoe.

Second, if your character is named "Mickey Freud" and the title of your book is "Mickey Freud" and your mouse character looks nothing like Disney's Mickey Mouse, you could still attract the attention of Disney lawyers, because your mouse is named Mickey and Disney attorneys look for and vigilantly protect all uses of their trademarked Mickey. But it seems unlikely that Disney could prevent your use of the name Mickey - unless you went out of your way to call your mouse character "Mickey Mouse" or promote your book and character as "Mickey Mouse," and your mouse character has friends named Daffy and Goofy and Donald, or in some other way trades off Disney characters and trademarks.

That said, I am unclear, as apparently are others here, why you would want to name your mouse Mickey when there are so many other names that could work equally well as a character name.

 

[Just Blue]

Monty. Michael. Siggy. Fred. Joe. Dick. Harry...All with the last name mouse that will not cause a trillion dollar corporation to come after you.

 

[cosine]

Call him "Phurry the hurried mouse".

 

[HomeGuru]

Call him "Phurry the hurried mouse".

**A: or maybe Phat the Rat.