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Toy company, creator of Barbie.
Major record label, released "Barbie Girl" by Aqua.
The case influenced future litigation, such as:
Trademark Dilution: This precedent reinforced the protection of well-known trademarks from uses that could weaken their brand identity.
Fair Use in Parody: Suggesting that not all uses of a trademark in parody may qualify as fair use, particularly when the use is commercial and potentially damaging to the trademark's distinctiveness.
Commercial Speech Protections: Commercial speech enjoys less protection under the First Amendment compared to non-commercial speech.
Preemption of State Law: Federal trademark rules hold more power than state.
Likelihood of Confusion: The court determined that the song "Barbie Girl" created a likelihood of confusion among consumers regarding Mattel's sponsorship or approval of the song. Despite being a parody, the commercial nature of the song and its association with Barbie led to potential confusion, which could harm Mattel's brand.
Trademark Dilution: The court found that the song's use of Barbie's name in a commercial context diluted the distinctiveness of the Barbie trademark. Even though the song was intended as a parody, its widespread commercial success could weaken the Barbie brand's ability to uniquely identify Mattel's products in the market.
Copyright: Use of Barbie's name and image in the song's content.
Trademark: Protecting Barbie's brand identity.
Question of Fair Use: Balancing artistic expression and trademark protection.
Mattel, founded in 1945, is known for Barbie dolls. MCA Records, a major label, released "Barbie Girl" by Aqua.
Mattel sued MCA Records for trademark infringement over the portrayal of Barbie in the song "Barbie Girl."
Song Content: "Barbie Girl" portrayed Barbie in a satirical manner.
Supreme Court declined to hear the case, allowing the appellate court decision to stand.
The trial court ruled in favor of MCA Records primarily because it considered the song "Barbie Girl" to be a protected parody under the doctrine of fair use. The court reasoned that the song's use of Barbie's name and image was transformative and served as a commentary or critique, rather than a direct attempt to infringe on Mattel's trademark.