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Judge to Mattel: ‘Chill’ about Barbie suit
SAN FRANCISCO — A federal appeals court declined to reinstate a lawsuit from Mattel Inc. alleging the rock song “Barbie Girl” infringed on the toy-maker’s doll patent.
Mattel sued MCA Records Inc. and others who helped produce and market the song, which includes the phrase, “I’m a blond bimbo girl in a fantasy world.” The maker of Barbie claimed the song by the Danish band Aqua violated Mattel’s copyright and that the song confused consumers into thinking Mattel backed the Top 40 composition.
MCA also sued Mattel for defamation while the lawsuit was pending. Mattel, the court wrote, said MCA’s alleged trademark violation was a “crime.”
The 9th U.S. Circuit Court of Appeals on Wednesday upheld a lower court that threw out the defamation suit and the trademark lawsuit.
“The parties are advised to chill,” Judge Alex Kozinski wrote for the three-judge panel.
