Steamboat Willie, the cartoon best known as the debut of Mickey and Minnie Mouse, is the subject of a new legal controversy. The law firm Morgan & Morgan created a commercial based on the iconic cartoon and is seeking a legal declaration that the commercial does not violate Disney’s trademark rights in Mickey Mouse.
Copyright protection for Steamboat Willie expired on December 31, 2023, thus placing the cartoon in the public domain. In fact, the cartoon’s styling has already been used in video games, board games, and a horror movie. The copyright had protected the artistic expression shown in Steamboat Willie, but Disney still holds trademark rights covering the Mickey Mouse brand.
In July 2025, Morgan & Morgan sent Disney its commercial and notified Disney that the commercial would air nationwide. Disney did not give Morgan & Morgan permission to use the commercial and did not give any guidance as to whether the commercial violates the Mickey Mouse trademark. Given the lack of guidance from Disney, Morgan & Morgan chose to file suit to obtain a court ruling that its commercial does not infringe Disney’s trademark rights in Mickey Mouse.
Morgan & Morgan argues, among other things, that its commercial does not infringe Disney’s trademark rights because the law firm does not provide the same services as Disney and because no consumer would be confused as to whether Disney made the commercial. The commercial includes a disclaimer that the law firm is not affiliated with Disney.
Disney has yet to respond to Morgan & Morgan’s arguments.
Stay tuned to see how this case develops; it may have implications on the intersection of copyright and trademark law for years to come.
If you have questions about your copyright or trademark rights, please reach out to the intellectual property team at McCarter & English.