154 THE ADVOCATE
VOL. 78 PART 1 JANUARY 2020
praise heaped on Donoghue v. Stevenson, let us not forget the sad tale of
Mullen v. AG Barr & Co. Ltd. (which Donoghue v. Stevenson overruled) in
which three wee Scottish mice were served up to three wee Scottish children
from three wee bottles of Scottish ginger beer. It is the stuff of gruesome
nursery rhymes. Nevertheless, it evinces some of the smartest reasoning
about mice we have come across. The witness Millar testified as follows:
Q. “How do you suggest that anybody is going to discover a mouse in a stone
ginger beer bottle?”
A. “The only method I can see is when the mouse comes out of the bottle.”
This is logic we can follow. Does anyone want to help us form The Lochwinnoch
Mice to challenge The Paisley Snails to, inter alia, a game of proper
Michael J. Korenberg was appointed to the board of the University of
British Columbia for a term ending February 25, 2022.
Susan E. Ross, Brenda L. Edwards, and Jeffrey A. Hand were all reappointed
as members of the Environmental Appeal Board, the Forest
Appeals Commission and the Oil and Gas Appeal Tribunal for terms ending
December 11, 2022. Daphne E. Stancil was also reappointed to each of
these boards for a term ending December 31, 2021.
The U.S. District Court for the Southern District of New York commented
on the world of fictional children’s characters in a trademark infringement
claim brought by the publisher of Beatrix Potter’s children’s books (starting
with Peter Rabbit but with subsequent volumes bringing to life “the antics
of Squirrel Nutkin, the mischief of the Two Bad Mice, the mysterious ways
of Mrs. Tiggy-Winkle, and tales of Miss Potter’s many other endearing characters”).
The publisher claimed that “thanks to its marketing efforts”, the
characters portrayed in certain illustrations that were at issue in the case
“particularly the ‘running rabbit’ have attained a place in the public esteem
comparable to Mickey Mouse, Peter Pan, and Raggedy Ann and Andy”.
Though declining to grant summary judgment for either side, the court nevertheless
remarked that the “notion that a British cony, however endearing,
could gain as important a place in American hearts as Mickey Mouse seems
dubious. Both are rodents, it is true, and thus equally entitled to our affections.
But Mickey has had the benefit of competing for the American heart
and dollar through moving pictures, an insurmountable advantage”: Frederick
Warne & Co., Inc. v. Book Sales, Inc., 481 F. Supp. 1191 (S.D.N.Y. 1979).