Barbie's fair game, judge rules
By Duncan Campbell
Los Angeles
July 27 2002


The days when judges peered over their pince-nez to inquire who the Beatles were are long gone. And it should come as no surprise that the bench that has made what must rank as the coolest judicial conclusion to any trial should be based in San Francisco.

The case was a civil action brought by the toy company Mattel against the Danish band Aqua over the lyrics of the band's 1997 pop song Barbie Girl.

The company had claimed that the use of the Barbie name and her invitation in the song to her toy mate, Ken, to "go party" was a violation of its trademark.

But the US Court of Appeals in San Francisco ruled yesterday that the song was protected under the band's right to freedom of expression upheld by the First Amendment.

The court ruled that no one would have imagined that Mattel had authorised the lyrics and, as Judge Alex Kozinski added: "Nor, upon hearing Janis Joplin croon, 'Oh Lord, won't you buy me a Mercedes-Benz', would we suspect that she and the car maker had entered into a joint venture."


But it was the judge's conclusion that must rate a footnote for super-coolness in judicial history: "The parties are advised to chill."

He went on to say: "To be sure, MCA used Barbie's name to sell copies of the song. However . . . the song also lampoons the Barbie image and comments humorously on the cultural values Aqua claims she represents."

Mattel has pursued the now defunct Aqua for the past four years.

The courts have already refused to help the toy company in an action against a Utah artist who arranged Barbie in sexual positions.

- Guardian

This story was found at: http://www.theage.com.au/articles/2002/07/26/1027497412741.html