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Mattel Inc. V. Walking Mountain Prods.
''Mattel Inc. v. Walking Mountain Productions'', 353 F.3d 792 (9th Cir. 2003), was a case between Mattel and Tom Forsythe in which Mattel sued Forsythe for the production and sale of photographs portraying " Barbie" dolls. Mattel alleged that Forsythe's use of Barbie's name and likeness in his "Food Chain Barbie" photo series infringed on their copyrights, trademarks, and trade dress. The court held that Mattel's trademark and trade dress claims were "groundless or unreasonable" and therefore ordered Mattel to pay 1.8 million dollars in legal fees to Forsythe under the Lanham Act. Background Response See also * Tom Forsythe, the Utah photographer sued by Mattel in this case * ''Mattel, Inc. v. MCA Records, Inc. ''Mattel v. MCA Records'', 296 F.3d 894 (9th Cir. 2002), was a series of lawsuits between Mattel and MCA Records that resulted from the 1997 hit single " Barbie Girl" by Danish group Aqua. The case was ultimately dismissed. Background On Septe ...'', a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mattel
Mattel, Inc. ( ) is an American multinational toy manufacturing and entertainment company founded in January 1945 and headquartered in El Segundo, California. The company has presence in 35 countries and territories and sells products in more than 150 countries. The company operates through three business segments: North America, International, and American Girl. It is the world's second largest toy maker in terms of revenue, after The Lego Group. Two of its historic and most valuable brands, Barbie and Hot Wheels, were respectively named the top global toy property and the top-selling global toy of the year for 2020 and 2021 by The NPD Group, a global information research company. The name of the company is a portmanteau of the names of two of the company's founders; the surname of Harold Matson and the first name of Elliot Handler. History Origins and early years Harold "Matt" Matson, Ruth Handler, and Elliot Handler founded Mattel as Mattel Creations in January 1945 in a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tom Forsythe
Tom Forsythe is an American artist and Tai Chi instructor who lives and works in Utah. He is known for his photographic work of Barbie dolls, which caused some controversy resulting from a lawsuit brought against him by Mattel. The company lost the case, '' Mattel Inc. v. Walking Mountain Prods.'' (9th Cir. 2003), when the United States Court of Appeals for the Ninth Circuit ruled that the images were original artwork in 2004. Career Art Forsythe is best known for his famous "Barbie" portraits, portraying Barbie dolls in surprising situations usually without clothes and often juxtaposed with some sort of kitchen or cooking appliance. This line of art is called the "Food Chain Barbie". In each composition, Forsythe shows the world as seemingly mad. His work has been described as "unappetizing". In the words of Judge Pregerson, "in some of Forsythe's photos, Barbie is about to be destroyed or harmed by domestic life in the form of kitchen appliances, yet continues displaying he ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Photograph
A photograph (also known as a photo, image, or picture) is an image created by light falling on a photosensitive surface, usually photographic film or an electronic image sensor, such as a CCD or a CMOS chip. Most photographs are now created using a smartphone/camera, which uses a lens to focus the scene's visible wavelengths of light into a reproduction of what the human eye would see. The process and practice of creating such images is called photography. Etymology The word ''photograph'' was coined in 1839 by Sir John Herschel and is based on the Greek φῶς (''phos''), meaning "light," and γραφή (''graphê''), meaning "drawing, writing," together meaning "drawing with light." History The first permanent photograph, a contact-exposed copy of an engraving, was made in 1822 using the bitumen-based "heliography" process developed by Nicéphore Niépce. The first photographs of a real-world scene, made using a camera obscura, followed a few years later at Le Gras, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Barbie
Barbie is a fashion doll manufactured by American toy company Mattel, Inc. and launched on March 9, 1959. American businesswoman Ruth Handler is credited with the creation of the doll using a German doll called Bild Lilli as her inspiration. Barbie is the figurehead of a brand of Mattel dolls and accessories, including other family members and collectible dolls. Barbie has been an important part of the toy fashion doll market for over six decades and has been the subject of numerous controversies and lawsuits, often involving parodies of the doll and her lifestyle. Mattel has sold over a billion Barbie dolls, making it the company's largest and most profitable line. The brand has expanded into a long-running multimedia franchise since the late 1980s, including video games and CGI/computer-animated films, the latter which began in 2001, became originally available on home video formats and broadcast regularly on the Nickelodeon cable channel in the United States from 2002 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Copyright
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial righ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trademark
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks. The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III of England, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on "intent-to-use", creating an examination based process, an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trade Dress
Trade dress is the characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers. Trade dress is an aspect of trademark law, which is a form of intellectual property protection law. Overview Trade dress is an extension of trademark protection to " e design and shape of the materials in which a product is packaged, rimarily 'Product configuration,' the design and shape of the product itself, may also be considered a form of trade dress." Product configuration applies particularly to situations where the product can be seen within the packaging (''e.g.'' a toy car sold in packaging that operates as a shadow box for commercial display within—the collective look it creates is trade dress), or where the packaging is part of the product (''e.g.'' the bottle of a soft drink, along with its visible contents, are trade dress, though the bottle is actually part of the product that retains i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lanham Act
The Lanham (Trademark) Act (, codified at et seq. () is the primary federal trademark statute of law in the United States. The Act prohibits a number of activities, including trademark infringement, trademark dilution, and false advertising. History Named for Representative Fritz G. Lanham of Texas, the Act was passed on July 5, 1946, and signed into law by President Harry Truman, taking effect "one year from its enactment", on July 6, 1947. In rare circumstances, a conflict will arise between trademarks that have been in use since before the Lanham Act went into effect, thus requiring the courts to examine the dispute according to the trademark act that existed before the Lanham Act. The Act has been amended several times since its enactment. Its impact was significantly enhanced by the Trademark Counterfeiting Act of 1984, which made the intentional use of a counterfeit trademark or the unauthorized use of a counterfeit trademark an offense under Title 18 of the United Sta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Barbie Girl
"Barbie Girl" is a song by Danish-Norwegian dance-pop group Aqua. It was released in April 1997 as the third single from the group's debut studio album, ''Aquarium'' (1997). The song was written by Søren Rasted, Claus Norreen, René Dif, and Lene Nystrøm, and was produced by Johnny Jam, Delgado, Rasted, and Norreen. It was written after Rasted saw an exhibit on kitsch culture in Denmark that featured Barbie dolls. The song topped the charts worldwide, particularly in European countries such as the United Kingdom, where it was a number-one hit for four weeks and remains one of the best-selling singles of all time. It also reached number two in the group's homeland and peaked at number seven on the US ''Billboard'' Hot 100, where it remains Aqua's biggest hit single and their only one to reach the top 10 of the Hot 100. It is Aqua's most popular work and was also performed as the interval act in the Eurovision Song Contest 2001. It also became the subject of the controversial l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aqua (band)
Aqua is a Danish-Norwegian Europop and Dance-pop band, best known for their 1997 multi-platinum crossover and novelty single "Barbie Girl". The group formed in 1989 as Joyspeed, and achieved international success around the globe in the late 1990s and early 2000s. The band released three albums: '' Aquarium'' in 1997, ''Aquarius'' in 2000 and '' Megalomania'' in 2011. The group sold an estimated 33 million albums and singles, making them the most profitable Danish band ever. The group managed to top the UK Singles Chart with three of their singles. The group also caused controversy with the double entendres in their "Barbie Girl" single, with the Barbie doll makers Mattel filing a lawsuit against the group. The lawsuit was finally dismissed by a judge in 2002, who ruled "The parties are advised to chill". The band's members are vocalists René Dif and Lene Nystrøm, keyboardist Søren Rasted, and guitarist Claus Norreen. During their split, Nystrøm, Dif and Rasted all achieve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
21st Century In United States Case Law
First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and record producer Albums * ''1st'' (album), a 1983 album by Streets * ''1st'' (Rasmus EP), a 1995 EP by The Rasmus, frequently identified as a single * '' 1ST'', a 2021 album by SixTones * ''First'' (Baroness EP), an EP by Baroness * ''First'' (Ferlyn G EP), an EP by Ferlyn G * ''First'' (David Gates album), an album by David Gates * ''First'' (O'Bryan album), an album by O'Bryan * ''First'' (Raymond Lam album), an album by Raymond Lam * ''First'', an album by Denise Ho Songs * "First" (Cold War Kids song), a song by Cold War Kids * "First" (Lindsay Lohan song), a song by Lindsay Lohan * "First", a song by Everglow from ''Last Melody'' * "First", a song by Lauren Daigle * "First", a song by Niki & Gabi * "First", a song by Jonas Brot ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
