Mattel v. MCA Records 296 F. 3d 894 ( 9th Cir. 2002 )
In Mattel v. MCA Records - MCA released a song called " Barbie Girl" , which didn't paint the toy doll in the best of light. After the song hit the Top 40, Mattel filed an infringement suit for the unfair use of the name. MCA countered by agreeing to place a disclaimer on the album stating that the song was "social commentary and not created or approved by the makers of the doll. "
Mattel argued , " That's unacceptable ... it's akin to a bank robber handing a note of apology to a teller during a heist. It neither diminishes the severity of the crime nor does it make it legal."
The Court stated: " All of these terms are variants of the invective most often hurled at accused infringers , namely " Piracy " . No one hearing this accusation understands intellectual property owners to be saying that infringers are nautical cutthroats with eyepatches and peg legs, who board galleons to plunder cargo. "
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