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Mattel v. MCA Records (2002)
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Mattel,Inc. v. MCA Records,Inc. (2002)
Mattel brought a lawsuit against MCA because the song brought shame to Barbie and even effected Mattel in a monetary manner.
The Problem!
MCA brought a defamation claim against Mattel for statements made while the original case was pending.
Both parties were "advised to chill" on their claims.
? Questions ?
Why they Lost
Mattel
Appeals
MCA Records, Inc.
Alleged Infringer (D)
Mattel, Inc.
Trademark Owner (P)
Mattel argues trademark infringement.
The problem with trademarks is that they become a part of our vocabulary. Therefore, to enforce this, it would be a violation of our First Amendment Rights of the U.S. Constitution.
Final Decision
Why was MCA Records sued for trademark infringement?
In your opinion, was the response Mattel made
against MCA Records an emotional one?
Background
Why did Mattel make such a big
deal out of the parody?
Barbie, ironically, created as
a German adult toy in the 1950's,
is one the most iconic toys in
America that represents "girlhood."
First Ruling
Mattel
MCA Records
The company cross-appeals the grant of summary judgment on its defamation claim as well as the district court's jurisdictional holdings.
The court ruled that "Barbie Girl" was a parody of Barbie, and is a nominative fair use.
The court ruled that both suits would be dismissed. Therefore both companies decided to appeal.
Background
Case Briefed By: Craig Lowe & Wesley Wright
Comments/ Feedback
Aqua, A Danish band, produced a song in 1997 entitled "Barbie Girl" on their album, "Aquarium".
The single sold well and went on to become a song on the the top 40 music chart.