Creative Protection

Years Later, Mattel Embraces ‘Barbie Girl’

By Stuart Elliott

Maybe it’s because Barbie is a doll and not a person, but it seems she doesn’t know how to hold a grudge.

Twelve years after the hit pop tune “Barbie Girl” raised the hackles of the toymaker that sells Barbie, Mattel, the song is being adapted for Barbie advertising.

Mattel has uploaded to YouTube a video clip of a dance called the Barbie, which is danced to a rerecorded version of “Barbie Girl.” The video is also scheduled to be shown on “Today” on NBC on Thursday morning.

Television commercials featuring the new version of the song are scheduled to start running in mid-October. The hoopla is all intended to promote a new variety of Barbie called Barbie Fashionistas.

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Jada Toys, Inc. v. Mattel, Inc.

Defendant-Appellant Mattel, Inc. (“Mattel”) appeals the grant of summary judgment in favor of Jada Toys, Inc. (“Jada”) on Mattel’s federal and state trademark infringement counterclaims. Mattel also challenges the district court’s entry of summary judgment in favor of Jada as to its dilution and copyright claims.

We hold that because the district court erred in its application of the relevant infringement test, the district court’s entry of summary judgment in Jada’s favor as to those claims is reversed. We also hold that genuine issues of material fact exist as to Mattel’s copyright and dilution claims and, therefore, the district court’s entry of summary judgment as to those claims in favor of Jada is also reversed.

Download the decision.