Intellectual Property
Feb. 8, 2003
'Mattel' Adds to Confusion on First Amendment Defense Issue
Focus Column - Intellectual Property - By Mark S. Lee - In Mattel v. MCA Records , 296 F.3d 894 (9th Cir. 2002), a panel of the 9th U.S. Circuit Court of Appeals considered how to evaluate a First Amendment defense to an unfair-competition claim. The defendants in Mattel had used the famous "Barbie" trademarks in the title and body of a popular song and were sued on unfair-competition and other theories. The 9th Circuit affirmed a summary judgment for the defendants.
Intellectual Property
By Mark S. Lee
In Mattel v. MCA Rec...
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