Mattel v. MCA Records, 1998 U.S. Dist. LEXIS 7310 (C.D.C.A. 1998)

[click here for full text of the opinion]

In 1997, the band Aqua wrote and recorded a song called "Barbie Girl," which was a parody of the famous Barbie doll.  The song humorously referred to Barbie as a "blond bimbo girl," and focused on the "antisocial themes such as promiscuity, lewdness, and the stereotyping and ridiculing of young women" that are associated with Barbie.  Mattel, the maker of Barbie, brought suit against the band's U.S. distributor, MCA records, for various aspects of trademark and trade dress infringement.  They sought an injunction to stop further distribution of the song, as well as damages for trademark dilution.  The court found that, because the song's humorous lyrics and fast tempo were clearly intended to be a parody, and because the video did not use the doll's actual likeness, it was not likely that consumers would confuse it with the original Barbie.  Rather, the court determined that the song's use of the doll to offer social commentary was "fair use."  Finally, the court emphasized that the mere fact that the producers of Barbie did not like the song's critical message is not adequate cause to enjoin its production or distribution.