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Mattel PR Score in Lawsuit Against Artist: Zero

blenderbarbie.jpgProving once again that the Internet makes bad publicity much worse, Mattel's latest legal tangle over Barbie dolls has far-reaching PR impact. A US Circuit Court says Utah artist Thomas Forsythe's use of Barbie dolls in photographs depicting the Mattel toy naked and being assaulted by kitchen appliances is protected as "free speech."

The PR lesson: the stories will fade from newspapers and TV in a few days, but they'll be in search engines forever. Score for Mattel's image? Zero.

At issue this time (there are 1240 references to Mattel Barbie lawsuits in Google) was a 78 image series by Utah artist Thomas Forsythe, shot in 1999 and titled "Food Chain Barbie."

Upholding a decision by a lower court, the court of appeals said the works are obvious parodies and do not infringe on the company's copyright and trademark protection.

Mattel's Litigious Bent
Mattel has a long history of mounting lawsuits over Barbie parodies, including a hilarious early Website of Barbie dolls in sexually compromising positions. They also sued Canadian stripper and nude model Barbie Doll Benson in 1999 over her domain name, insisting that it infringes on the Mattel trademark. The stripper, who'd been dancing under that name for 16 years, won.

Mattel's lawyers must be a really busy bunch because a Google search for "nude Barbie" turns up 229,000 results which will be online forever. The results in the first page of my search included:
Bizarre Nude Barbie Photo
Barbie & the Doll

Even About.com's doll collecting blog has a recipe for a Barbie cake with a nude Barbie in the middle. will Mattel start raiding the homes of people who serve them?

Distorted Barbie, Messed up Barbie
Suicide bomber Barbie
and the Barbie liberation organization (BLO)

Well yes sir, those are my initials. No sir....


BL Ochman | Dec 30 03 10:17 | TrackBack (0)

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About BL Ochman
BL Ochman
B.L. Ochman, Managing Director of Emerging Media for Proof Integrated Communications, the digital marketing arm of Burson-Marsteller, has been helping Fortune 500 companies strategically incorporate new media into their marketing mix since 1996.

She contributes to Ad Age Digital Next, Mashable, Business Week and others. On Twitter, she is @whatsnext.

She is co-founder of the pet lovers' site and blog, Pawfun.com - where you can create and send free photo e-cards of your pets and create a variety of great products featuring your pet’s photo.

This is my personal blog, where I share my own thoughts and opinions, which do not represent the views of Proof or its clients.






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