(Redirected from Mattel v. MCA Records)
Mattel v. MCA Records | |
---|---|
Court | United States Court of Appeals for the Ninth Circuit |
Full case name | Mattel, Inc. v. MCA Records, Inc. |
Argued | December 5, 2000 |
Decided | July 24, 2002 |
Citation(s) | 296 F.3d 894 (9th Cir. 2002) |
Case history | |
Prior action(s) | Appeal from C.D. Cal. (28 F.Supp.2d 1120) |
Subsequent action(s) | Request for certiorari, S.Ct.; denied (537 U.S. 1171). |
Holding | |
Barbie Girl is protected as a parody under the trademark doctrine of nominative use and under the First Amendment to the U.S. Constitution. | |
Court membership | |
Judge(s) sitting | Dorothy Nelson, Melvin Brunetti, Alex Kozinski |
Case opinions | |
Majority | Kozinski, joined by unanimous court |
Laws applied | |
U.S. Const. amend I; Lanham Act (15U.S.C. § 1051 et seq) |
Barbie Secret Agent Song Lyrics
Barbie™ Spy Squad Barbie® Secret Agent Demo Video. Tumble into action with Barbie® Secret Agent from the new movie Barbie™ Spy Squad - when you plug the included spy gadget (the G.L.I.S.S. Gadget from the movie!) into the opening in her back, she performs awesome cartwheels and flips! Agent Dunbar is a secret agent and the true main antagonist of Barbie Spy Squad. He trains Barbie, Renee, and Teresa on their missions and shows them how to.
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 Aqua song, 'Barbie Girl'.[1] The case was ultimately dismissed.
Background[edit]
On December 5th 2000, Mattel sued MCA Records, the recording company of Aqua, saying the song violated the Barbietrademark and turned Barbie into a sex object, referring to her as a 'BlondeBimbo.'[2] They alleged the song had violated their copyrights and trademarks of Barbie, and that its lyrics had tarnished the reputation of their trademark and impinged on their marketing plan. Mattel also claimed that the cover packaging of the single used 'Barbie pink', a trademarked color owned by Mattel.[3] MCA contested Mattel's claims and countersued for defamation after Mattel had likened MCA to a bank robber.[4]
The lawsuit filed by Mattel was dismissed by the lower courts, and this dismissal was upheld. Mattel requested review by the Supreme Court of the United States, but its petition for certiorari was denied.[5] In 2002, Judge Alex Kozinski ruled the song was protected as a parody under the trademark doctrine of nominative use and the First Amendment to the United States Constitution. He also threw out the defamation lawsuit that Aqua's record company filed against Mattel. Kozinski concluded his ruling by saying, 'The parties are advised to chill.'[6][7]
Response[edit]
This controversy was used by journalist Naomi Klein to make a political point in her book No Logo, where she stated that the monopolies created by copyrights and trademarks are unfairly and differently enforced based on the legal budgets of the conflicting parties and their ability to defend their expressions by hiring lawyers.
Judge Alex Kozinski, writing for the panel, opened the opinion by saying:
If this were a sci-fi melodrama, it might be called Speech-Zilla meets Trademark Kong.[6]
Mattel has since released a promotional music video of the song (with modified lyrics) on the official Barbie web site in 2009,[8] as part of a marketing strategy introduced to revive sales.[9]
See also[edit]
- Tom Forsythe, a Utah artist unsuccessfully sued by Mattel over his controversial works featuring Barbie dolls
References[edit]
- ^AquaVEVO (2010-08-20). 'Aqua - Barbie Girl'. Retrieved 2017-12-07.
- ^'Aqua Now Faces Lawsuit Over 'Barbie Girl''. MTV News. Viacom International Inc. 12 September 1997. Retrieved 2020-02-21.
- ^'Cover Midge's Ears. Mattel Isn't Happy With The Racy Lyrics From A Danish Band'. Orlando Sentinel. 17 September 1997. Retrieved 2012-02-26.
- ^'Supreme Court rejects ugly fight over Barbie doll'. Associated Press. 27 January 2003. Retrieved 2007-08-08 – via Billings Gazette.
- ^Mattel Inc. v. MCA Records, Inc., no. 02-633, U.S. Supreme Court (Jan. 27, 2003)(order)
- ^ abMattel, Inc. v. MCA Records, Inc., 296 F.3d 894 (9th Cir. 2002).
- ^'Barbie loses battle over bimbo image'. BBC News. 25 July 2002. Retrieved 2007-08-08.
- ^'Official Barbie Web Site'. Mattel. Retrieved 2009-09-04.
- ^Elliott, Stuart (26 August 2009). 'Years Later, Mattel Embraces Barbie Girl'. The New York Times. Retrieved 2010-07-11.
External links[edit]
- Mattel, Inc. v. MCA Records, Inc., 28 F.Supp.2d 1120 (C.D. Cal. 1998)
- Mattel, Inc. v. MCA Records, Inc., 296 F.3d 894 (9th Cir. 2002)
- Mattel, Inc. v. MCA Records, Inc., no. 02-633 (U.S. Supreme Court docket)
![Jeux de barbie agent secret Jeux de barbie agent secret](https://i.ytimg.com/vi/EHktRiU13Fg/hqdefault.jpg)
Retrieved from 'https://en.wikipedia.org/w/index.php?title=Mattel,_Inc._v._MCA_Records,_Inc.&oldid=943844083'
http://tvtropes.org/pmwiki/pmwiki.php/VideoGame/SecretAgentBarbie
Barbie Secret Agent Pc Game
Go To
Secret Agent BarbieBarbie Secret Agents In English
is an Action-Adventure game for PC. Action GirlBarbie is called on by her good friend Theresa, who is a fashion designer planning her big show. A thief has stolen Theresa’s valuable designs, so Barbie, in pursuit of justice, travels the world searching for clues in hope of capturing the thief.Advertisement:
Along the way, Barbie’s friends and teammates supply her with the gadgets, training and strategies needed to complete each mission.
This game provides examples of:
- Asian Store-Owner: Mrs. Tanaka. Apart from dye, what she's selling isn't made clear. Probably a downplayed trope, because her store is in Japan, where almost everyone is, well, Asian.
- Art Major Physics: Because putting on a translucent/transparent suit would really make you absolutely invisible from top to bottom.
- Backtracking: Though often areas you've visited will have changed, or some areas will be blocked off.
- But Thou Must!: The thief will always be suspiciously faster than you, and you must always let the thief get away.
- Camp Straight: Mr. Johnson is hinted to be one of these.
- Cool Plane: Barbie and her team have their own very large and very pink private jet, which acts as their primary mode of transportation, as well as their secret headquarters.
- Culture Equals Costume: Averted in Brazil and France, but played straight just about everywhere else.
- Easing into the Adventure: Unless you skip it, the start of the game is Barbie doing some Virtual Training before receiving the call from Theresa.
- Equipment Reset Button: Barbie's inventory is changed each level so that she always has what she needs.
- Gadget Watches: Barbie uses a watch to communicate with her friends back at base while she’s on a mission. When it’s not being used in this way, it functions as a minimap/GPS device. Also see Super Wrist-Gadget below.
- Gateless Ghetto: The Egypt and Japan levels come to mind.
- The Ghost: Emille Vesante
- Goggles Do Something Unusual: One of Barbie’s gadgets is her Pink Vision Goggles, which help her to see coded messages within her environment.
- Improbable Weapon User: To call them weapons is a stretch, but Barbie's arsenal of gadgets consists of: a lipstick, a swingshot that's a wristband, a bottle of perfume, a robot puppy, a camera, some glasses and a compact of foundation that causes a huge cloud of smoke. Yeah.
- Instant 180-Degree Turn: The Guards.
- Instant Costume Change: Barbie performs these when changing among Stealth, Action and Adventure modes, sometimes in broad daylight, in a public area, while surrounded by a crowd. This is never mentioned or explained.
- Jet Pack: You can get one by typing JET whilst in action mode. It's a bit of a Scrappy Mechanic, though, as it's essentially just one long continuous jump when you hold down the space bar.
- Jump Physics: Action Mode, full stop.
- Invisibility Cloak: The thief stole Theresa’s designs in order to create a ‘Translucent Suit’, which is said to provide the wearer with near invisibility when worn.
- Level Goal: Technically
- Limited Sound Effects: A lot of the guards sound the same.
- Modern Egypt: One of Barbie's many destinations. Others include:
- Name's the Same: Let's hope that Mrs. Tanaka isn't married to a dirty businessman who swindles teenagers out of absurdly large amounts of yen.
- No Celebrities Were Harmed: Some of the guards have an uncanny resemblance to a pixelated Ben Stiller.
- No Peripheral Vision: The guards seem to have this. In fact, you can see their exact field of vision on the minimap. You could be standing right next to one of the guards, but as long as you’re not in that vision field, you won’t get noticed.
- Now, Where Was I Going Again?: A particularly cruel example. You can save mid-mission and quit, but upon reloading your save, you have to start from the beginning of the mission again.
- Robot Dog: One of Barbie’s gadgets is a robot dog that looks suspiciously like a Poochie (the robotic toy dog from the Turn of the Millennium). It’s used to distract guards and reach small spaces where Barbie can’t fit.
- Run, Don't Walk: You can only run in Action Mode, you can only walk in Adventure Mode but you can only run once in Stealth Mode, otherwise you're reduced to sneaking.
- Saving the World: Or at least the economy
- Scripted Event: It's perfectly possible (with the aid of a cheat) to catch up to Camille when she's stolen the puzzle box, but you have to let her escape.
- Stealth-Based Game: At least a third of the time, Barbie is in ‘Stealth Mode’.
- Stealth-Based Mission: There are lots of these.
- Stealth Expert: It’s hard to believe that Barbie can go by unnoticed in the highly colourful ‘Stealth Mode’ outfit that she wears, especially when she’s ‘stealthing’ in sparsely populated areas. This is, therefore, the only explanation.
- Stock Video Game Puzzle:
- Enter Solution Here (the most common one)
- Stock Foreign Name: Tanaka is a relatively common Japanese surname.
- Stupidity Is the Only Option: In one mission, Barbie has to set up a trap for the main villain by using the MacGuffin she just got. Cue facepalming when the villain arrives, steals the MacGuffin and forces a futile chase after them.
- Supervillain Lair: The lair of the villain, the last mission of the game.
- Super Wrist-Gadget: The UI shows a bracelet along the bottom of the screen; each ‘link’ in the chain contains the icon for one of Barbie’s many gadgets. Since she doesn’t carry a bag or have anywhere else to store these items, it’s implied that she actuallykeeps them inside her bracelet.
- Tracking Device: Yet another of Barbie’s gadgets, this tracking device comes in the form of tracking perfume. Yeah…
- Video Game Settings:
- Recurring Location
- The Maze: Subverted in that you have a map and can see over the hedges.
- You Can't Thwart Stage One: Or two, three or four.