Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. The U.S. "fair use doctrine" is generally broader than the "fair dealing" rights known in most countries that inherited English Common Law. The fair use right is a general exception that applies to all different kinds of uses with all types of works. In the U.S., fair use right/exception is based on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work.
Trade dress is the characteristics of the visual appearance of a product or its packaging 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.
Barbie is a fashion doll created by American businesswoman Ruth Handler, manufactured by American toy and entertainment company Mattel and introduced on March 9, 1959. The toy was based on the German Bild Lilli doll which Handler had purchased while in Europe. The figurehead of an eponymous brand that includes a range of fashion dolls and accessories, Barbie has been an important part of the toy fashion doll market for over six decades. Mattel has sold over a billion Barbie dolls, making it the company's largest and most profitable line. The brand has expanded into a multimedia franchise since 1984, including video games, animated films, television/web series, and a live-action film.
Bratz is an American fashion doll and media franchise created by former Mattel employee Carter Bryant for MGA Entertainment, which debuted in 2001.
Totally Hair Barbie is a fashion doll, in the Barbie line by Mattel, that was released in 1992. The doll's extra-long hair reached all the way to her toes and at the time, she had the longest hair ever for a Barbie doll at 11.5 inches in length. She is notable for being the highest selling Barbie doll in history, having racked up $100 million worldwide in 1992.
The multinational technology corporation Apple Inc. has been a participant in various legal proceedings and claims since it began operation and, like its competitors and peers, engages in litigation in its normal course of business for a variety of reasons. In particular, Apple is known for and promotes itself as actively and aggressively enforcing its intellectual property interests. From the 1980s to the present, Apple has been plaintiff or defendant in civil actions in the United States and other countries. Some of these actions have determined significant case law for the information technology industry and many have captured the attention of the public and media. Apple's litigation generally involves intellectual property disputes, but the company has also been a party in lawsuits that include antitrust claims, consumer actions, commercial unfair trade practice suits, defamation claims, and corporate espionage, among other matters.
Aqua is a Danish-Norwegian Europop band, best known for their 1997 single "Barbie Girl". The group formed in 1995 in Copenhagen 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.
Under United States trademark law, the functionality doctrine provides that product features that are functional cannot be protected as trademarks. A product feature is considered functional if it is essential to the product’s use or purpose, or if it has an impact on the product’s cost or quality. The purpose of the doctrine is to encourage legitimate competition by ensuring a balance between trademark law and patent law.
Mega Brands Inc. is a Canadian children's toy company that is currently a wholly owned subsidiary of Mattel. Mega Bloks, a line of construction set toys, is its most popular product. Its other brands include Mega Construx, Mega Puzzles, and Board Dudes. The company distributes a wide range of construction toys, puzzles, and craft-based products.
Microsoft has been involved in numerous high-profile legal matters that involved litigation over the history of the company, including cases against the United States, the European Union, and competitors.
Isaac Larian is an Iranian-born American billionaire businessman, founder and the chief executive officer (CEO) of MGA Entertainment, the world's largest privately owned toy company.
"Barbie Girl" is a song by Danish-Norwegian dance-pop group Aqua. It was released in April 1997 by Universal and MCA as the third single from the group's debut studio album, Aquarium (1997). The song was written by band members Søren Rasted, Claus Norreen, René Dif, and Lene Nystrøm, and was produced by the former two alongside Johnny Jam and Delgado. It was written after Rasted saw an exhibit on kitsch culture in Denmark that featured Barbie dolls. The accompanying music video was directed by Danish directors Peder Pedersen and Peter Stenbæk.
Mattel v. MCA Records, 296 F.3d 894, was a series of lawsuits between Mattel and MCA Records that resulted from the 1997 hit single "Barbie Girl" by Danish-Norwegian group Aqua. The case was ultimately dismissed.
Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licensees. Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similar to a trademark owned by another party, especially in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a trademark may commence civil legal proceedings against a party which infringes its registered trademark. In the United States, the Trademark Counterfeiting Act of 1984 criminalized the intentional trade in counterfeit goods and services.
Under Canadian trade-mark law, "confusion" is where a trade-mark is similar enough to another trade-mark to cause consumers to equate them. Likelihood of confusion plays a central role in trade-mark registration, infringement and passing-off. Whether a trade-mark or trade-name is confusing is a question of fact. The role of confusion in trade-mark law is analogous to the role of substantial infringement in patent law.
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., when the United States Court of Appeals for the Ninth Circuit ruled that the images were original artwork in 2004.
Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763 (1992), was a United States Supreme Court case where the Court held that Two Pesos, Inc. infringed upon the trademark of Taco Cabana, Inc. by copying the design of their restaurants. Writing for a majority of the court, Justice Byron White concluded that trade dress is inherently distinctive under the Lanham Act and that plaintiffs are not required to prove secondary meaning in suits to protect their trademark. The Court upheld an award of $3.7 million in damages, and Taco Cabana ultimately acquired all of Two Pesos' assets in 1993 for $22 million.
Ahanchian v. Xenon Pictures, Inc., 429 F.2d 1106, was a United States Court of Appeals for the Ninth Circuit case involving the disputed authorship of a number of skits which appeared in the movie National Lampoon's TV: The Movie, released in November 2006 in the United States, which starred Steve-O, Preston Lacy, Jason "Wee Man" Acuña, Chris Pontius, Clifton Collins Jr., Danny Trejo, Jacob Vargas, Judd Nelson, Jason Mewes, Tony Cox, and Eugenio Derbez. The movie was directed by Sam Maccarone, and written by Cyrus Ahanchian, Steve-O, Preston Lacey, and Sam Macarone. In 2010, by reversing the original decision, the Ninth Circuit Court of Appeals used filmmaker Ahanchian's legal victory to enjoin lawyers everywhere in the United States with the right to take vacation time before a trial ends as a professional civility. Afterwards, in December 2010, LexisNexis ranked Ahanchian's copyright legal win as both the #2 and the #3 Copyright Cases of 2010. As of June 29, 2022, Ahanchian V Xenon has been cited in over 537 federal cases in the USA or an average of four times per month.
Jeffrey D. Goldman is an American former entertainment lawyer, best known for his music litigation practice and for his involvement in two influential internet law cases: A&M Records v. Napster and Perfect 10 v. Google. His cases dramatically impacted the development of Internet law and on the music industry's transformation from physical sales to digital distribution of music. He was also part of the litigation team that represented the plaintiff victims in the O. J. Simpson civil case.
