Mouse wars and cat fights
May 22, 2008
The story in today’s Daily Record about the trademark fight over “Mighty Mouse” computer devices reminded me of the big-cat fight that arose about a dozen years ago.
In one corner was Tony the Tiger, Kellogg Corp.’s animated pitch man, er, feline, for Frosted Flakes. In the other was the tiger from Exxon, now ExxonMobil Corp.
Kellogg sued Exxon, claiming its tiger’s resemblance to Tony infringed on Kellogg’s trademark and created confusion among patrons at the gas company’s Tiger Mart convenience stores, which Exxon had recently introduced.
Exxon sought dismissal of the claim, saying the company had used the tiger as its symbol for about 30 years without objection from Kellogg. The cereal company said true, but argued that the infringement had only recently occurred, when Exxon went into the food-service business.
A federal district court agreed with Exxon and dismissed the case. But the 6th U.S. Circuit Court of Appeals sided with Kellogg and allowed the lawsuit to proceed.
The Supreme Court, which later that year would jump into a dispute between rivals for the leadership of the free world, chose in 2000 to stay out of the cat fight and let the 6th Circuit’s decision stand without comment. The case ultimately settled, according to Kellogg’s lawyers.
Can anyone think of a more epic (trademark) battle in our nation’s courts?
STEVE LASH, Legal Affairs Writer
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