A computer peripheral maker filed suit against Apple and CBS on Tuesday, claiming the companies are infringing on its trademark for the "Mighty Mouse" device.
Maryland-based Man & Machine says it was selling its chemical-resistant and waterproof mouse to hospitals a year before Apple sold its single-button mouse of the same name.
CBS owns the rights to the Mighty Mouse cartoon and licensed the use of the name to Apple. The network was named in the lawsuit because Man & Machine says it doesn't have the right to license the name. Both Man & Machine and CBS have trademark applications for the name and are currently dueling for the U.S. Patent and Trademark Office's approval.
Man & Machine is asking for monetary damages and for a court to issue an injunction to prevent Apple from selling any more of its Mighty Mouse devices.
Note: CBS has agreed to acquire CNET Networks, publisher of News.com. The deal is expected to close in the third quarter.