Man and Machine, a Maryland-based input devices company is suing both Apple and CBS over the use of the name Mighty Mouse.
"This action arises from Apple's use and proposed continued use of the trademark 'Mighty Mouse' in violation of M&M's rights in its own 'Mighty Mouse' trademark," the complaint states. "Apple's use of the 'Mighty Mouse' trademark takes place under color of an agreement with CBS purporting to license such use."
Man & Machine has been selling its Mighty Mouse since March 2004, which it describes as a "waterproof optical mouse for medical, industrial, and marine applications,".
Man and Machine is basing its case on their claim the name of Mighty Mouse belongs to them in the context of computer peripherals.
Apple began selling its (rather good) Mighty Mouse for its computers in August 2005.
One has to question why Man and Machine has taken three years to bring the case to court.