It's going to be Mouse vs. Mau5.

Niagara Falls-born electronic music star Joel Zimmerman, better known as Deadmau5, is locking legal horns with Disney over his famed headgear. The media juggernaut, which also owns the Marvel and Star Wars brands, is attempting to block Zimmerman's efforts to trademark his famous mouse head in the U.S.

According to TMZ, Zimmerman applied through the U.S. Patent and Trademark Office last year. He already owns the trademark in 30 other countries, including Japan, Italy and the UK.

The headgear depicts a smiling mouse with large circular ears, which Disney claims is too similar to its iconic Mickey Mouse. Disney filed a 171-page trademark opposition proceeding against Deadmau5 on Tuesday.

Mickey Mouse made his animated debut in 1928, and Disney contends it "owns longstanding rights in its mouse ears mark." It claims the Deadmau5 headgear will create confusion with its most famous character.

"Landed home to some interesting news," Zimmerman tweeted Tuesday. "Looks like Disney officially just filed in opposition of my trademark…lawyer up Mickey."

He later added: "Disney thinks you might confuse an established electronic musician/performer with a cartoon mouse. That's how stupid they think you are."

Disney thinks you might confuse an established electronic musician / performer with a cartoon mouse. That's how stupid they think you are. — deadmau5 (@deadmau5) September 3, 2014

When contacted Wednesday, Zimmerman's L.A.-based attorney Dina LaPolt said Disney is trying to intimidate Zimmerman over a logo he has been using for 10 years.

"I've been in battles with Disney before," she said. "Most people don't ever stand up to them. Nine out of 10 don't, but if you do, it's about who's got more staying power."

She added Zimmerman is "going to fight to keep his property."

The mousehead has been part of Zimmerman's branding since his very first album, Get Scraped, in 2005. He wore a yellow version on the cover of Rolling Stone in June, 2012.

LaPolt says Disney hasn't pursued the matter for 10 years, and is only taking action now that Zimmerman wants to trademark his mau5 head.

"Unlike a copyright, if you don't actively protect and enforce the rights of your trademark, you dilute the power of your registration," says LaPolt.

"Deadmau5 has been on the side of buildings in Vegas, he has been on billboards all over the country. He's performed on the Grammy Awards. If you don't actively try to protect your mark, it dilutes your power to protect (it)."

Even more strange, LaPolt says Disney recently approached Deadmau5 for work.

"They offered him a job last month to remix the Star Wars theme for their animated TV show on Disney XD called Rebels."

Zimmerman seemed to offer a tongue-in-cheek preview of his legal proceedings when he wore a Mickey Mouse shirt at Canada Day in Niagara Falls, where he received the key to the city.

Neither Disney or Zimmerman offered further comment to The Review Wednesday.

LaPolt says Zimmerman is fully prepared to fight for what he owns, and isn't intimidated by Disney's deep coffers.

"It would cost millions of dollars for him to let go of his property," she says.

"You only have three choices in life: You can either give up, give in or give it all you got. I tend to choose those clients that take the third choice."

john.law@sunmedia.ca

