United States Ninth Circuit
MATTEL INC. v. WALKING MOUNTAIN PROD., 01-56695, 01-57193
Artist's use of the copyrighted Barbie doll constitutes fair use; his works are highly transformative parodies with no discernible impact on plaintiff's market for derivative uses, and the benefits to the public in allowing such use are great. His use of the Barbie trade dress qualifies as nominative fair use.
Appellate Information
- Decided 12/29/2003
- Published 12/29/2003
Judges
Court
- United States Ninth Circuit