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Case Summary
Mattel, Inc. v. Walking Mountain Productions
Mattel, Inc. v. Walking Mountain Prod., et al.,No. 99-8543-RSWL-RZ, slip op. (C.D.Cal. Oct. 11, 2000) (denying preliminary injunction); aff’d by 4 Fed.Appx. 400 (9thCir. 2001); summ. judg. granted, No. 99-8543-RSWL-RZ, slip. op. (C.D.Cal. Aug. 23, 2001); aff’d by 353 F.3d 792 (9th Cir. 2004).
Précis
In this important copyright case, Mattel, Inc., the producer of the Barbie doll, sued Walking Mountain Productions for
copyright
A property right in an original work of authorship (including literary, musical, dramatic, choreographic, pictorial, graphic, sculptural, and architectural works; motion pictures and other audiovisual works; and sound recordings) fixed in any tangible medium of expression, giving the holder the exclusive right to reproduce, adapt, distribute, perform, and display the work (Black’s Law Dictionary (8th ed. 2004)).
copyright,
trademark
a limited property right in a particular word, phrase, or symbol that is used to identify a manufacturer or sponsor of a good or the provider of a service. See 15 U.S.C. 1051
trademark, and
trade dress
A form of intellectual property that generally refers to characteristics of the visual appearance of a product or its packaging that signify the source of the product to consumers.
trade dress infringement for creating photographs of Barbie in humorous and sometimes sexualized positions. Walking Mountain Productions was awarded summary judgment because criticism (such as parody) is a statutorily permitted exception to a creator’s exclusive rights.
Associated Legal Decision(s)
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Mattel, Inc. v. Walking Mountain Prod., et al.,No. 99-8543-RSWL-RZ, slip op. (C.D.Cal. Oct. 11, 2000).
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Mattel, Inc. v. Walking Mountain Prod., et al., No. 99-8543-RSWL-RZ, slip. op. (C.D.Cal. Aug. 23, 2001).
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Mattel, Inc. v. Walking Mountain Prod., et al., 353 F.3d 792 (9th Cir. 2004).
Associated Statutes and/or Legislation
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