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Mattel, Inc. v. MCA Records, Inc.
United States Court of Appeals for the Ninth Circuit, 2002
296 F.3d 894, cert. denied, 537 U.S. 1171
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Brief Fact Summary
Mattel sued MCA Records for producing, marketing and selling the song “Barbie Girl.”
Rule of Law and Holding
Literary titles do not violate the Lanham Act “unless the title has no artistic relevance to the underlying work whatsoever, or, if it has some artistic relevance, unless the title explicitly misleads as to the source or the content of the work.”
Topics
Trademark, Permissible Uses of Another’s Trademarks, Parody & Speech
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Stage of Trial: Opening Statements
Trial Advocacy Skill: Argue the Law
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Clip Analysis
Attorney talks about the burden of proof for negligence and gross negligence. He does this quickly and simply but makes sure to mention a lot of key words, such as “intentional and knowing” and “clear and convincing.” The attorney briefly explains what clear and convincing would mean by saying “Did anyone out there want someone to get hurt?”
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