In a battle of the titans, Mattel recently lost in its trademark case against MCA Records and others with respect to the song “Barbie Girl” by the musical group Aqua. In a decision dated July 24, the 9th U.S. Circuit Court of Appeals ruled squarely in favor of MCA. The decision, authored by Circuit Judge Alex Kozinksi, refers to the case as a brawl between “Speech-Zilla” (MCA) and “Trademark Kong” (Mattel). Most legal decisions are fairly torturous to read and do not contain quotable quotes. Whether one agrees with Kozinski’s decision or not, it nevertheless is lively, humorous, informative and definitely worth quoting at some length.
COLORFUL BARBIE BACKGROUND
