Argued December 5 2000 End date 2002 | Decided July 24 2002 | |
 | ||
Full case name Mattel, Inc. v. MCA Records, Inc. Citation(s) 296 F.3d 894 (9th Cir. 2002) Prior action(s) Appeal from C.D. Cal. (28 F.Supp.2d 1120) Subsequent action(s) Request for certiorari, S.Ct.; denied (537 U.S. 1171). Ruling court United States Court of Appeals for the Ninth Circuit People also search for Mattel Inc v 3894207 Canada Inc | ||
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". The case was ultimately dismissed.
Contents
Background
In December 2000, Mattel sued MCA Records, the recording company of Aqua, saying the song 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 copyrights and trademarks of Barbie, and that its lyrics had tarnished the reputation of their trademark and impinged on their marketing plan. Mattel also claimed that the cover packaging of the single used "Barbie pink", a trademarked color owned by Mattel. 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. Mattel requested review by the Supreme Court of the United States, but its petition for certiorari was denied. 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.
Response
This controversy was used by journalist Naomi Klein 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 lawyers.
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.
Mattel has since 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.