Mattel, Inc. v. MCA Records, Inc.

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AS TO ALL CLAIMS, GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AS TO DEFENDANTS’ COUNTERCLAIM, AND DENYING DEFENDANTS’ MOTION TO DISMISS

In March, 1997, a Danish musical group known as “Aqua” released in Europe an eleven-song album, Aquarium. This album included a song entitled Barbie Girl, in which a woman and man assume the identities of two popular Mattel dolls known as Barbie and Ken. Defendants claim this song parodies the popular toys, with the singers referring to Barbie as a “blond bimbo girl” who loves to party and whose “life is plastic.” Barbie Girl quickly became a hit in Europe and later was released in the United States, where the Aquarium album sold over 1.4 million compact discs (CDs) and cassettes.

On September 11,1997, Mattel filed suit in this Court, bringing eleven claims against MCA and other defendants. Defendants, in turn, filed a counterclaim for defamation. On February 19, 1998, this Court denied plaintiffs motion for a preliminary injunction, on the grounds that it was not likely to succeed on the merits.

Defendants now move for summary judgment; they also seek to dismiss the foreign defendants…