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U.S. Supreme Court Refuses to Hear Important Trademark Case
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posted by md
on Tuesday January 28, @06:23AM
from the Barrister-Barbie dept.
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The U.S. Supreme Court denied certiorari to an important trademark case which helps define the right of artists to use trademarks of others in their works. The case was brought by makers of the Barbie line of dolls and toys (Mattel) against a record company (MCA Records) which distributes an album containing a song called "Barbie Girl" which pokes fun at a blonde bimbo. Mattel claimed that the record label's use of the Barbie name, similar logos, and marketing campaigns aired during cartoon time slots, amounted to infringement and dilution of its famous Barbie mark. The Ninth circuit had denied Mattel's claims in a noteworthy opinion in which Judge Kozinski "advised the parties to chill." The obvious retort, of course, is that chilling was precisely what Mattel was hoping to do.
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