Judge Upholds Barbie Art
June 28, 2004
Since 1999,
Mattel, the manufacturer of Barbie, has been locked in lawsuits with artist
Tom Forsythe for his controversial artwork that depicts the doll in various poses. According to Forsythe, the art draws on "Barbie's power as a beauty myth." But Mattel claims that the art constitutes copyright and trademark infringement. Last week, a federal judge ruled in favor of Forsythe and ordered Mattel to pay $1.8 million for his legal fees. As Berkman Professor
Jonathan Zittrain explained in a
story in today's
New York Times, "Maybe now when an angry C.E.O. picks up the phone to counsel and says 'sue this guy, instead of saluting and sending the bill, the lawyer may say 'I have to warn you, this could boomerang.'" ( Photo courtesy of
illegal-art.org.)