Carolina Camus – In January of 2024, Steamboat Willie, the 1928 cartoon character that served as the black-and-white debut of Mickey Mouse, entered the public domain. This meant that for the first time in nearly a century, the earliest depiction of the Mickey Mouse character became free for public use, reproduction, adaptation, and distribution without permission from the copyright holder. Although the milestone was celebrated as a victory for the public domain, it highlights a complex legal reality: The Walt Disney Company still maintains extensive trademark rights in Mickey Mouse and may sue businesses and creators for improper use of their trademarked material. This complexity is the result of an evolving intellectual property landscape in which creators and businesses may legally use one version of Mickey Mouse in their works but may infringe on valid trademarks if they use another version of Mickey Mouse in their works.
No copyright protection can last forever. In fact, Article I, Section 8, Clause 8 of the U.S. Constitution allows Congress to grant artists and authors exclusive rights to their creative works, but for a limited time only. In theory, this means that anyone may use a work in the public domain without fees or permission from the original copyright holder, once the valid copyright expires. In practice, however, copyright expiration does not eliminate all intellectual property protection a work receives because those works may also receive protection under trademark law. Governed by the Lanham Act, trademark law protects brand identifiers such as names, symbols, logos, slogans, colors, sounds, and packaging, and distinguishes them from competitors. Unlike copyright protections, trademark protections can last forever so long as, among other things, it is continuously used in commerce.
Mickey Mouse is not just a fictional character; it is one of the most recognizable brand symbols in the world. Currently, Disney holds many trademarks related to Mickey Mouse, which allows it to challenge external uses of the character that are likely to confuse consumers about whether a product or project is affiliated with Disney. This creates a legal grey area for creators seeking to use the public domain version of Mickey Mouse: while the 1928 Steamboat Willie version may be used, a creative work could still infringe on the valid Mickey Mouse trademarks Disney holds if it does not resemble the 1928 Steamboat Willie and instead looks too similar to present day Mickey Mouse. Put simply, the public owns the earliest version of Mickey Mouse, but Disney owns the brand associated with the character.
Notably, in 2025, the grey area between the public domain Steamboat Willie and existing trademark protection of Mickey Mouse became relevant in Morgan Global, PLLC v. Disney Enterprises, Inc., when the law firm Morgan & Morgan filed a lawsuit in the U.S. District Court for the Middle District of Florida seeking a declaratory judgement. Morgan & Morgan asked the court to declare that the Steamboat Willie character in their parody-like advertisement would not infringe on Disney’s intellectual property rights, specifically any trademark right Disney owned in Mickey Mouse. The firm argued that because Steamboat Willie entered the public domain in 2024, their use of the character should not violate copyright law. However, beneath this argument, the firm presumably feared that Disney might have a valid trademark infringement claim supported by its valid trademarks of Mickey Mouse. Evidently, this case directly highlights the issue of the above-mentioned grey area: can someone use a public domain version of Mickey Mouse without violating valid trademark rights?
Morgan & Morgan eventually voluntarily dismissed the case, asking the court to dismiss without prejudice. While the case ended without a definitive ruling, it highlights the continuing uncertainty surrounding commercial use of public domain characters associated with recognizable brands. Further, the legal implications will continue to evolve and become relevant in the future for businesses. Companies producing merchandise such as clothing, accessories, toys, or digital media featuring the character must ensure that they carefully distinguish the 1928 version from the modern Mickey Mouse design. Even subtle differences such as colors, facial features, or branding elements could create a possibility of consumer confusion as to whether the product is attributable to Disney and would risk a trademark infringement claim. Thus, to successfully use Steamboat Willie in a work, a business would need to ensure that the character they are using is in black and white, has a tail, and has no gloves, among other things.
Notably, in the coming years, many iconic works will enter the public domain: King Kong, Donald Duck, Superman, and Bugs Bunny will enter the public domain between 2029 and 2035. With these public domain releases, the media companies possessing the copyrights to these characters are likely to rely on trademark protections and brand strategy to ensure control of their portfolios. As this trend continues, courts are likely to be faced with a growing pressure to balance competing copyright and trademark interests, as the public begins to use these characters freely. Courts should strive uphold trademark rights while preserving access to the public domain at the same time. Ultimately, the entry of Steamboat Willie into the public domain illustrates an evolving strategy within modern intellectual property law, because while entry into the public domain marks the end of one form of copyright protection, trademark law may continue to shape how works are used in the marketplace.
