Aqua's Lene Grawford Nystrøm
Photo: MCA

The Supreme Court on Monday turned down toy maker Mattel's request to reopen its 1997 trademark infringement and defamation suit against MCA Records over Aqua's dance hit "Barbie Girl."

The high court issued its decision without comment, letting stand a federal appeals court ruling dismissing the lawsuit on the grounds that the song was parody and protected as free speech.

Mattel had claimed that "Barbie Girl" defamed Barbie with sexual innuendo. In the song, singer Lene Grawford Nystrøm refers to herself as a "blonde bimbo " and sings, "I'm a Barbie girl, in my Barbie world/ Life in plastic, it's fantastic/ You can brush my hair, undress me everywhere." The company also said the song confused listeners into thinking the company backed it.

MCA defended the song as social commentary and stickered the album, Aquarium, with a disclaimer that noted the song was not "created or approved" by the maker of Barbie dolls.

After losing in lower courts, Mattel continued to appeal. Saying that "the parties are advised to chill," Ninth U.S. Circuit Court of Appeals Judge Alex Kozinski upheld a lower court ruling that threw out Mattel's suit as well as MCA's countersuit for defamation last summer (see "Finally, We Can Enjoy 'Barbie Girl' With A Clear Conscience").

"The problem arises when trademarks transcend their identifying purpose," Kozinski wrote at the time. "Some trademarks enter our public discourse and become an integral part of our vocabulary. How else do you say that something's 'the Rolls Royce of its class'? What else is a quick fix, but a Band-Aid? ... Once imbued with such expressive value, the trademark becomes a word in our language and assumes a role outside the bounds of trademark law."

Further, the judge ruled, the lyrics confirm that the use of the trademark is designed to convey a message about the song and not to identify the product's producer. "If we see a painting titled 'Campbell's Chicken Noodle Soup,' we're unlikely to believe that Campbell's has branched into the art business," Kozinski wrote. "Nor, upon hearing Janis Joplin croon, 'Oh Lord, won't you buy me a Mercedes Benz?' would we suspect that she and the carmaker had entered into a joint venture."

"We always contended that the suit involved creative expression and free speech," MCA spokesperson Lillian Matulic said. "We are happy that the court let stand the ruling dismissing this lawsuit."

"Obviously we are very disappointed," Mattel spokesperson Jules Andres said. "We think the standard set by the [court] will make it very difficult for companies to protect their trademarks."

Mattel earns $1.5 billion or more annually in Barbie sales, according to the company's quarterly earnings reports. MCA sold an estimated 1.4 million copies of the recording.

• Aqua

Aqua's Lene Grawford Nystrom
Photo: MCA

Saying that "the parties are advised to chill," a federal appeals court judge declined on Wednesday to reinstate Mattel's 1997 suit against MCA Records over Aqua's pop hit "Barbie Girl," which the toy company had claimed was both trademark infringement and defamation.

"If this were a sci-fi melodrama, it might be called Speech-Zilla meets Trademark Kong," wrote Ninth U.S. Circuit Court of Appeals judge Alex Kozinski, in his upholding of a lower court ruling that threw out Mattel's suit as well as MCA's countersuit for defamation (see "Aqua Triumphant In 'Barbie Girl' Lawsuit, To Release Home Video In June").

Mattel had originally claimed that "Barbie Girl" sullied their iconic doll's image with sexual innuendo. In the song, the female vocalist refers to herself as a "blonde bimbo girl" and sings, "I'm a Barbie girl, in my Barbie world/ Life in plastic, it's fantastic/ You can brush my hair, undress me everywhere." A male singer, whom she calls Ken, exhorts her during the bridge to "go party." The toymaker also said the song confused listeners into thinking the company backed it.

The ruling deemed the song a parody and protected under free speech.

"The problem arises when trademarks transcend their identifying purpose," Kozinski wrote for the three-judge panel. "Some trademarks enter our public discourse and become an integral part of our vocabulary. How else do you say that something's 'the Rolls Royce of its class'? What else is a quick fix, but a Band-Aid? Does the average consumer know to ask for aspirin as 'acetyl salicylic acid'? ... Once imbued with such expressive value, the trademark becomes a word in our language and assumes a role outside the bounds of trademark law."

Further, the judge ruled, the lyrics confirm that the use of the trademark is designed to convey a message about the song and not to identify the product's producer. "If we see a painting titled 'Campbell's Chicken Noodle Soup,' we're unlikely to believe that Campbell's has branched into the art business," Kozinski wrote. "Nor, upon hearing Janis Joplin croon 'Oh Lord, won't you buy me a Mercedes Benz?,' would we suspect that she and the carmaker had entered into a joint venture."

MCA had defended the song as "social commentary" and had stickered Aqua's album Aquarium with a disclaimer that noted the song was not "created or approved" by the maker of Barbie dolls.

"This decision reiterates the power of free speech," MCA President Jay Boberg said in a statement. "This ruling ... affirms our artists' rights to express themselves freely. For that reason, MCA was committed to defending this litigation to the furthest extent necessary to ensure our artists' freedoms."

A Mattel spokesperson was not available for comment.

• Aqua

Striking while the iron is still at least lukewarm, the Danish pop purveyors known as Aqua finally released their long-discussed home video this week.

The group released a home video titled "The Diary" on Tuesday, after winning a legal battle with toymaker Mattel which had tried to block the video and any releases from the band featuring its hit "Barbie Girl" [400k QuickTime] (see "Aqua Triumphant In 'Barbie Girl' Lawsuit, To Release Home Video In June").

Besides that controversial and catchy track, the long-form video also includes interview segments, performance footage, and a few of the band's other short-form videos.

• Aqua

The protracted, nine-month legal battle between toy-maker Mattel and MCA Records over the Aqua song, "Barbie Girl" [1.5MB QuickTime], appears to have reached an end.

According to Reuters, a federal judge awarded MCA summary judgment last week in a ruling that effectively dismissed Mattel's suit.

The toy company had claimed that the song, which was released last year as a single by the Danish group, infringed on its copyright and that it associated "sexual and other unsavory themes with Mattel's Barbie products."

In the wake of the ruling, MCA said it could finally proceed with various projects that had been delayed by the court's decision, including the June release of an Aqua home video which features the "Barbie Girl" video in addition to concert footage.

• Aqua

A Federal judge ruled Monday that Mattel can pursue a lawsuit against MCA Records for trademark violations related to the song "Barbie Girl" [1.5MB QuickTime] by Aqua, according to the Associated Press.

Although not named as a defendant, the Danish group has stirred up plenty of controversy and legal wrangling since its song was released last fall.

As we previously reported, the same Federal judge refused Mattel's motion to halt the distribution of "Barbie Girl", ruling the song as a parody. The latest ruling will allow Mattel to amend its earlier suit and seek damages against the band's label.

Representatives from Aqua and MCA had no comment on the judge's decision.

• Aqua

Aqua scored a legal victory this week when a Federal judge refused Mattel's motion to stop the distribution of the band's song "Barbie Girl" [1.5MB QuickTime].

As we first reported last fall (see "Aqua Now Faces Lawsuit Over 'Barbie Girl'"), Mattel sued the band and its label claiming that the song associates its trademark with "sexual and other unsavory themes." The toy maker also moved to halt all distribution of the song and Aqua's album, "Aquarium."

The judge however ruled that the song is "a parody of the party girl image Barbie might already have among some members of the public." He also warned that unless Mattel produces stronger evidence that Barbie's image has been tarnished, it's likely to lose the case.

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November 10 [14:00 EDT] -- Apparently the other tiny pink shoe has dropped: MCA Records has filed a countersuit against Mattel, Inc. over the single "Barbie Girl."

As you may recall, the toy manufacturer behind "Barbie" filed a suit against the record label claiming that Aqua's hit "Barbie Girl" constitutes copyright infringement, and that the track also defamed the doll's character. The song features lyrics like "You can comb my hair, undress me everywhere."

MCA now claims that the toy maker has defamed the record label and subjected the company to "hatred, contempt, and ridicule."

MCA's countersuit claims that Mattel's actions have caused a loss of reputation as well as costing the label an unspecified amount of money.

The suit was filed October 27, and there's no word yet on a court date.

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October 30 [12:00 EDT] -- Aqua may have an easier legal go of it with its next single, "Lollipop (Candyman)," which is set to arrive on November 25.

Unlike the group's breakthrough hit, the lawsuit magnet "Barbie Girl," the new song will actually be released as a single. You may remember that "Barbie Girl" was released as a single for a limited time in hopes of driving up sales of the band's album, "Aquarium."

This time around, "Lollipop" will be released as a CD single, a 12 inch vinyl single with two alternate mixes, and a bio-box (a special flip-top cassette that resembles a deck of cards).

Chances are "Lollipop" won't generate the type of legal wrangling that "Barbie Girl" inspired. The band was served with a lawsuit last month compliments of Mattel, the toy maker behind the doll that inspired the song.

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September 24 [14:00 EDT] -- After suing Aqua over its hit "Barbie Girl," Mattel has now set its sights on a one year-old TV commercial for Nissan cars.

The ad, which uses Van Halen's cover of the Kinks' "You Really Got Me," shows a female doll leaving her preppy boyfriend behind when another male doll pulls up in a toy sports car.

Mattel says the dolls violate its G.I. Joe and Barbie trademarks and cause "irreparable damage" to Mattel's name.

Nissan says it's surprised by the suit, and says it's dolls are actually named Roxanne, Nick and Tad and were modeled after real actors for the ad campaign.

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• Van Halen

September 19 [14:00 EDT] -- While people are buzzing about Aqua's hit "Barbie Girl," [500k QuickTime] and the legal battle it has sparked, the group behind the song says it has more where that came from.

"There's been so much attention around 'Barbie Girl' and we don't want to be known as the 'Barbie Girl' band," Aqua's Lene Grawford Nystrom told MTV News. "'Barbie Girl' is like one out of 11 tracks on the album, and we have a lot of other good numbers on the album." [1MB QuickTime]

On top of being a top ten hit, the song is getting more than its share of attention because of a trademark-infringement lawsuit Mattel filed against Aqua, claiming the track placed its doll in an unflattering light.

The band says Mattel's Danish branch never had a problem with the tune, but Aqua fans here may have their own problem with "Barbie Girl": MCA Records printed up only 350,000 copies of the single, forcing interested parties to buy the new album "Aquarium" once singles supplies run out.

"We like to get the attention over to the other songs a little bit, and that's why there's not so many singles out on the market," Nystrom explained.

Of course if Mattel gets it way, both the single and the album will be withdrawn from stores.

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