Mattel, Inc. v. MCA Records
United States Court of Appeals for the Ninth Circuit
296 F.3d 894 (2002)
Relevant factsFree
MCA Records (defendant) produced Aqua's song "Barbie Girl," which invoked and poked fun at Mattel's (plaintiff) famous Barbie doll trademark; Mattel sued to enjoin MCA's use of the Barbie mark, and MCA didn't dispute at trial that its use was dilutive. The district court found the song a parody of the doll unlikely to confuse consumers about its source, and Mattel appealed.
IssueFree
Whether, where the commercial purpose of a dilutive use of a trademark is inextricably entwined with expressive speech elements protected by the First Amendment, such use is permitted under the Federal Trademark Dilution Act.