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Frivolous Action Barbie

It's about bloody time that these huge companies that KNOW BETTER get slapped upside the head for being overreaching scum bags and trying to stop free expression. Thanks to Marty's Trademark Blog for this gem.

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Artist Thomas Forsythe photographed BARBIE dolls to make an artistic point. Mattel sued him and lost. A District Court judge has now held that the parodic character of the work should have been clear to Mattel, whom he characterized as a 'sophisticated entity with access to good legal rerpesentation.' Accordingly, Mattel's copyright claim was 'objectively unreasonable,' and its trademark, trade dress and dilution claims were 'groundless and unreasonable.' Defendant was awarded $1,584,089 in attorneys fees and $241,797 in costs.

Mattel v. Walking Mountain Products, 99-8543 (C.D. Cal June 21, 2004)

[The Trademark Blog]

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