In early 2024, sensational news spread around the world: the copyright on the very first version of Mickey Mouse (from the 1928 cartoon “Steamboat Willie”) had expired. The internet exploded with memes, and creatives around the world rubbed their hands: “Finally, Mickey is free!“.

However, Disney wouldn’t be itself if it gave up its main symbol so easily. A recent decision by the Board of Appeal of the EU Intellectual Property Office (EUIPO) proved: the legendary mouse is only half free, and an attempt to monetize this hype could cost a business its reputation and money.

Clothing with an Unappreciated Innuendo

It all started in August 2024, when entrepreneur Karl Erik Dahl decided to register the trademark “MICKEY IS FREE!” in the EU. His plan was simple and quite logical for modern pop culture: print this slogan on hoodies, jackets, sweatshirts, and t-shirts.

But Disney instantly blocked this attempt. The media giant claimed that such an inscription violated their rights and misled customers, as the word “Mickey” is strongly associated specifically with their brand.

The designer tried to defend himself using irony. He argued that the phrase “Mickey is free!” was not a brand name, but simply a statement of fact regarding the expiration of the copyright, a kind of joke for those “in the know.“

Why European Officials Didn’t Appreciate the Irony

Legal logic turned out to be stricter than internet memes. Experts analyzed the phrase based on three criteria typically guided in similar disputes:

• How does it sound and look? Visually, the inscription on the t-shirt and the classic Disney logo differ. However, phonetically, the key word remains “Mickey.” Moreover, customers tend to shorten long names, so for many, it’s just “Mickey clothing.“

• What is the meaning? This is the main sticking point. The customer sees the word “Mickey” and remembers the world-famous mouse. However, the suffix “…is free” does not make the brand unique. The average consumer will most likely think it’s some new limited edition collection from Disney itself – for example, a rebellious or street-style clothing line.

• Who buys hoodies? If the buyers of these t-shirts were exclusively patent law attorneys, they would immediately understand the reference to the expiration of the copyright term. But the average teenager or adult in a shopping center doesn’t think about the nuances of 1928 US law. For them, it’s just Mickey Mouse merch.

The Result? The Court of Appeal ruled in favor of Disney, acknowledging that the risk of confusion in the eyes of consumers is too high. The registration of the “MICKEY IS FREE!” mark was definitively rejected.

Key Lesson: Copyright ≠ Trademark

This case perfectly illustrates a trap modern creators often fall into.

Yes, the very first black-and-white Mickey from “Steamboat Willie” has indeed entered the public domain. You can watch this cartoon, draw that specific version of the mouse, or create your own non-commercial projects with him.

However, the word “MICKEY” and the current image of the character remain valid Disney trademarks. And trademarks, unlike copyright, do not have an automatic “expiration date” – they can be extended indefinitely. Using them to sell commercial goods (clothing, toys, electronics) without Disney’s permission is still strictly prohibited.

So, if you decide to build a business on “freed” childhood characters, proceed with caution: lawyers from large corporations are always one step ahead and ready to prove that the character’s freedom ends where commercial interest begins.

Founder of Research & Patent group Intectica, author of patent algorithms for solving problems in the pharmaceutical industry, patent attorney certified in all intellectual property objects (Patents, Design, TM), with education in chemistry and law, chief expert of the patent institution of Ukraine UKRPATENT (1997-2004). Member of international organizations, including ECTA, PTMG, UAM, lecturer and blogger.