Tuesday, December 30, 2003

This almost makes Fox's suit look intelligent

Not all weirdness is security-related.
San Francisco (AP, December 29) - A federal appeals court on Monday dismissed a copyright lawsuit Mattel Inc. brought against a Utah artist who shot a photographic series depicting Barbie dolls naked in a blender, wrapped in a tortilla and sizzling on a wok.

Mattel sued Tom Forsythe, a self-described "artsurdist" from Kanab, Utah, who used the fashion dolls in a work entitled "Food Chain Barbie" to criticize "America's culture of consumption and conformism." One photo, "Malted Barbie," featured a nude Barbie on a vintage Hamilton Beach malt machine.

The toy maker sued Forsythe in 1999, alleging copyright infringement and dilution of copyright. Mattel said the pictures, which often showed Barbie posed in sexually provocative positions, could confuse consumers into believing the company was behind the works.

A federal judge in Los Angeles also had dismissed the suit. Mattel took the case to the San Francisco-based 9th U.S. Circuit Court of Appeals, which on Monday agreed with U.S. District Judge Ronald S.W. Lew.

The appeals court said the lawsuit "may have been groundless and unreasonable." In addition, the court said Forsythe had a First Amendment right to lampoon Barbie.

"Mattel cannot use trademark laws to censor all parodies or satires which use its name," Judge Harry Pregerson wrote for the three-judge panel.

El Segundo, Calif.-based Mattel did not return calls seeking comment.
It's not that they don't want to comment, it's just that they keep pulling that string but nothing useful comes out.

Zzzzzip. "Math is hard!"

No, that won't do....

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