Mattel v. MCA Records
Encyclopedia
Mattel v. MCA Records, 296 F.3d 894 (9th Cir. 2002), was a series of lawsuits between Mattel
and MCA Records
that resulted from the 1997 Aqua
song, "Barbie Girl
".
Mattel
sued the band, saying they violated the Barbie
trademark
and turned Barbie into a sex object, referring to her as a "Blonde
Bimbo
." They alleged the song had violated their copyright
s and trademark
s of Barbie, and that its lyrics had tarnished the reputation of their trademark and impinged on their marketing plan. Aqua claimed that Mattel injected their own meanings into the song's lyrics and MCA Records was not about to let their hit single be suppressed without a fight. They contested Mattel's claims and countersued for defamation after Mattel had likened MCA to a bank robber.
The lawsuit filed by Mattel was dismissed by the lower courts, and this dismissal was upheld, though Mattel took their case up to the Supreme Court of the United States
(Mattel's appeal was later rejected). In 2002, Judge Alex Kozinski
ruled the song was protected as a parody
under the trademark doctrine of nominative use
and the First Amendment to the United States Constitution
. He also threw out the defamation lawsuit that Aqua's record company filed against Mattel. Kozinski concluded his ruling by saying, "The parties are advised to chill." The case was dismissed, and in the process, it garnered lots of media attention for the song and the band.
Earlier, in February 2001, a court ruled that an American artist Tom Forsythe was within his rights to use Barbie dolls in his work. Some of Tom Forsythe's photographs depicted the blonde in sexually compromising positions. A court had ruled on that occasion too that parody of Barbie was an acceptable activity.
to make a political point in her book No Logo
, where she stated that the monopolies
created by copyrights and trademarks are unfairly and differently enforced based on the legal budgets of the conflicting parties and their ability to defend their expressions by hiring lawyer
s.
Judge Alex Kozinski, writing for the panel, opened the opinion by saying:
Despite the lawsuit, Mattel released a promotional music video of the song (with modified lyrics) on the official Barbie web site in 2009, as part of a new marketing strategy brought in to revive sales. In addition, recent Barbie product commercials have used modified lyrics to the tune of the original song.
Mattel
Mattel, Inc. is the world's largest toy company based on revenue. The products it produces include Fisher Price, Barbie dolls, Hot Wheels and Matchbox toys, Masters of the Universe, American Girl dolls, board games, and, in the early 1980s, video game consoles. The company's name is derived from...
and MCA Records
MCA Records
MCA Records was an American-based record company owned by MCA Inc., which later gave way to the larger MCA Music Entertainment Group , of which MCA Records was still part. MCA Records was absorbed by Geffen Records in 2003...
that resulted from the 1997 Aqua
Aqua (band)
Aqua is a Danish dance-pop group, best known for their 1997 breakthrough single "Barbie Girl". The group formed in 1989 and achieved huge success across the globe in the late 1990s and early 2000s. The group managed to top the UK Singles Chart with their first three singles. The group released two...
song, "Barbie Girl
Barbie Girl
"Barbie Girl" is a song by the Danish-Norwegian dance-pop group Aqua, who released the song in 1997 as their third single overall, and the first United Kingdom release...
".
Mattel
Mattel
Mattel, Inc. is the world's largest toy company based on revenue. The products it produces include Fisher Price, Barbie dolls, Hot Wheels and Matchbox toys, Masters of the Universe, American Girl dolls, board games, and, in the early 1980s, video game consoles. The company's name is derived from...
sued the band, saying they violated the Barbie
Barbie
Barbie is a fashion doll manufactured by the American toy-company Mattel, Inc. and launched in March 1959. American businesswoman Ruth Handler is credited with the creation of the doll using a German doll called Bild Lilli as her inspiration....
trademark
Trademark
A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or...
and turned Barbie into a sex object, referring to her as a "Blonde
Dumb blonde
The blonde stereotype, the stereotypical perception of blond-haired women, has two aspects. On one hand, over the history, blonde hair in women has been considered attractive and desirable...
Bimbo
Bimbo
Bimbo, in its popular English language usage, describes a woman who is physically attractive but is perceived to have a low intelligence or poor education. The term can also be used to describe a woman who acts in a sexually promiscuous manner...
." They alleged the song had violated their copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
s and trademark
Trademark
A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or...
s of Barbie, and that its lyrics had tarnished the reputation of their trademark and impinged on their marketing plan. Aqua claimed that Mattel injected their own meanings into the song's lyrics and MCA Records was not about to let their hit single be suppressed without a fight. They contested Mattel's claims and countersued for defamation after Mattel had likened MCA to a bank robber.
The lawsuit filed by Mattel was dismissed by the lower courts, and this dismissal was upheld, though Mattel took their case up to the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
(Mattel's appeal was later rejected). In 2002, Judge Alex Kozinski
Alex Kozinski
Alex Kozinski is Chief Judge of the United States Court of Appeals for the Ninth Circuit, an essayist, and a judicial commentator.-Biography:...
ruled the song was protected as a parody
Parody
A parody , in current usage, is an imitative work created to mock, comment on, or trivialise an original work, its subject, author, style, or some other target, by means of humorous, satiric or ironic imitation...
under the trademark doctrine of nominative use
Nominative use
Nominative use, also "nominative fair use", is a legal doctrine that provides an affirmative defense to trademark infringement as enunciated by the United States Ninth Circuit, by which a person may use the trademark of another as a reference to describe the other product, or to compare it to their...
and the First Amendment to the United States Constitution
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
. He also threw out the defamation lawsuit that Aqua's record company filed against Mattel. Kozinski concluded his ruling by saying, "The parties are advised to chill." The case was dismissed, and in the process, it garnered lots of media attention for the song and the band.
Earlier, in February 2001, a court ruled that an American artist Tom Forsythe was within his rights to use Barbie dolls in his work. Some of Tom Forsythe's photographs depicted the blonde in sexually compromising positions. A court had ruled on that occasion too that parody of Barbie was an acceptable activity.
Response
This controversy was used by journalist Naomi KleinNaomi Klein
Naomi Klein is a Canadian author and social activist known for her political analyses and criticism of corporate globalization.-Family:...
to make a political point in her book No Logo
No Logo
No Logo: Taking Aim at the Brand Bullies is a book by Canadian author Naomi Klein. First published by Knopf Canada in January 2000, shortly after the 1999 WTO Ministerial Conference protests in Seattle had generated media attention around such issues, it became one of the most influential books...
, where she stated that the monopolies
Monopoly
A monopoly exists when a specific person or enterprise is the only supplier of a particular commodity...
created by copyrights and trademarks are unfairly and differently enforced based on the legal budgets of the conflicting parties and their ability to defend their expressions by hiring lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
s.
Judge Alex Kozinski, writing for the panel, opened the opinion by saying:
If this were a sci-fi melodrama, it might be called Speech-Zilla meets Trademark Kong.
Despite the lawsuit, Mattel released a promotional music video of the song (with modified lyrics) on the official Barbie web site in 2009, as part of a new marketing strategy brought in to revive sales. In addition, recent Barbie product commercials have used modified lyrics to the tune of the original song.