Nude Barbie Doll Photographer Wins Case Against Mattel - GoFuckYourself.com

KRL · 12-29-2003, 09:11 PM

SAN FRANCISCO - 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 (news - web sites), 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.

Forsythe has said he uses Barbie to criticize "the materialistic and gender-oppressive values" he believes the dolls embody. On Monday, he said that with the help of the attorneys who worked for free on his case, "I wasn't scared off. It was a ridiculous lawsuit."

One of Forsythe's photos, "Barbie Enchiladas," shows four Barbie dolls inside a lit oven, wrapped in tortillas and covered with salsa in a casserole dish. The appeals court said Forsythe earned $3,659 selling postcards of his "Food Chain Barbie" series.

Forsythe isn't the only one Mattel has sued over Barbie. In January, the U.S. Supreme Court upheld the right of Danish pop band Aqua to distribute the suggestive 1997 pop song, "Barbie Girl," in which a baby-doll voice proclaims: "I'm a blonde bimbo girl."

fsfaz · 12-29-2003, 09:14 PM

Funny. I used to own barbiesex.com and I dropped it after a C&D because it wasn't worth the hassle and fight.

Mr.Fiction · 12-29-2003, 09:44 PM

A victory for free speech.

I hope Mattel has to pay all his legal fees.

Greg B · 12-29-2003, 10:14 PM

Gadzooks, what's next? G.I. Joe with kung fu grip as poster boy for some CJ site?

- AFN - · 12-29-2003, 11:11 PM

Its art... fucks' sake. Damn corporations.

Rictor · 12-29-2003, 11:11 PM

Pics?

pradaboy · 12-29-2003, 11:14 PM

that dude sounds sick to me

KRL · 12-29-2003, 11:15 PM

Quote:

Originally posted by Rictor
Pics?

Twin Barbies

KRL · 12-29-2003, 11:17 PM

Google finds everything. Amazing. . . .

playa · 12-29-2003, 11:27 PM

A barbie naked?

12-29-2003, 09:11 PM	#1
KRL Entrepreneur Join Date: Oct 2002 Location: USA Posts: 31,429	Nude Barbie Doll Photographer Wins Case Against Mattel SAN FRANCISCO - 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 (news - web sites), 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. Forsythe has said he uses Barbie to criticize "the materialistic and gender-oppressive values" he believes the dolls embody. On Monday, he said that with the help of the attorneys who worked for free on his case, "I wasn't scared off. It was a ridiculous lawsuit." One of Forsythe's photos, "Barbie Enchiladas," shows four Barbie dolls inside a lit oven, wrapped in tortillas and covered with salsa in a casserole dish. The appeals court said Forsythe earned $3,659 selling postcards of his "Food Chain Barbie" series. Forsythe isn't the only one Mattel has sued over Barbie. In January, the U.S. Supreme Court upheld the right of Danish pop band Aqua to distribute the suggestive 1997 pop song, "Barbie Girl," in which a baby-doll voice proclaims: "I'm a blonde bimbo girl." __________________ If you would like to develop your domains, you can lease inexpensive foreign labor from the leaders in the field at iWebmasters.com TO LOWER YOUR COSTS AND INCREASE YOUR PRODUCTION! * * * * * * * * * * * * Domains Adult News KRL's Newsletter Biz Tips Just Listed Domains

12-29-2003, 09:44 PM	#3
Mr.Fiction Confirmed User Join Date: Feb 2002 Location: Free Speech Land Posts: 9,484	A victory for free speech. I hope Mattel has to pay all his legal fees. __________________ Don't be lazy, protect free speech: ACLU \| Free Speech Coalition \| EFF \| IMPA

12-29-2003, 11:11 PM	#5
- AFN - Confirmed User Join Date: Jun 2003 Location: NYC Baaaabeee Posts: 3,101	Its art... fucks' sake. Damn corporations. __________________ cat cash* \| tr -d '\r' \| tr -s '/n' > money

12-29-2003, 11:14 PM	#7
pradaboy sell me your banners Industry Role: Join Date: Dec 2003 Location: on the tubes Posts: 12,931	that dude sounds sick to me __________________ Media Buyer - Sell me your traffic! FREE to register domains... Better than 99% of the crap sold here!

12-29-2003, 11:17 PM	#9
KRL Entrepreneur Join Date: Oct 2002 Location: USA Posts: 31,429	Google finds everything. Amazing. . . . __________________ If you would like to develop your domains, you can lease inexpensive foreign labor from the leaders in the field at iWebmasters.com TO LOWER YOUR COSTS AND INCREASE YOUR PRODUCTION! * * * * * * * * * * * * Domains Adult News KRL's Newsletter Biz Tips Just Listed Domains

12-29-2003, 09:14 PM	#2
fsfaz Confirmed User Join Date: Apr 2003 Location: Hollyweird, CA Posts: 747	Funny. I used to own barbiesex.com and I dropped it after a C&D because it wasn't worth the hassle and fight.

12-29-2003, 10:14 PM	#4
Greg B So Fucking Banned Join Date: Jul 2001 Location: EARTH (for the time being) Posts: 7,014	Gadzooks, what's next? G.I. Joe with kung fu grip as poster boy for some CJ site?

12-29-2003, 11:11 PM	#6
Rictor Old Timer Industry Role: Join Date: Jan 2001 Location: Indianapolis Posts: 12,208	Pics?

12-29-2003, 11:27 PM	#10
playa Confirmed User Join Date: Feb 2001 Location: atlanta, GA Posts: 6,432	A barbie naked?