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Barbie Back in 9th Circuit


— December 29, 2003

In the action before us, Plaintiff Mattel Corporation asks us to prohibit Defendant artist Thomas Forsythe from producing and selling photographs containing Mattel�s �Barbie� doll. Most of Forsythe�s photos portray a nude Barbie in danger of being attacked by vintage household appliances. Mattel argues that his photos infringe on their copyrights, trade-marks, and trade dress. We have jurisdiction pursuant to 28 U.S.C. � 1291 and affirm the district court�s grant of summary judgment to Forsythe.

The opinion, Mattel Inc. v. Walking Mountain Productions, is here. (Barbie’s last appearence in the 9th Circuit, which was just last week, is recounted here.)


In the action before us, Plaintiff Mattel Corporation asks us to prohibit Defendant artist Thomas Forsythe from producing and selling photographs containing Mattel�s �Barbie� doll. Most of Forsythe�s photos portray a nude Barbie in danger of being attacked by vintage household appliances. Mattel argues that his photos infringe on their copyrights, trade-marks, and trade dress. We have jurisdiction pursuant to 28 U.S.C. � 1291 and affirm the district court�s grant of summary judgment to Forsythe.

The opinion, Mattel Inc. v. Walking Mountain Productions, is here. (Barbie’s last appearence in the 9th Circuit, which was just last week, is recounted here.)

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