Jan 28, 2003 • 1 min read

Supreme Court goes against Mattel's Barbie Girl claims

The US Supreme Court has rejected Mattel's trademark claims against Aqua's 'Barbie Girl', upholding a lower court ruling that the song was not infringing.

Toy makers Mattel were back in court again yesterday in its continued lawsuit against Universal Music over the mid-nineties track Swedish popsters Aqua named in their honour – Barbie Girl. A Federal Court ruled that their claims the song infringed their trademark were rubbish last July, yesterday the US Supreme Court agreed.

California based Mattel argued the song could confuse consumers and dilute the power of the Barbie brand. Aqua’s label in the US, Universal label MCA, defended the song as "social commentary," saying the album that included the song also featured a disclaimer noting the song was not sanctioned by the maker of Barbie dolls. They described the song as “a classic form of parody in a light-hearted pop song that poked fun at one of the most famous and ubiquitous 'cultural icons' in the world."

Ironically the legal case has rumbled on much longer that the career of Aqua, who split up in 2001. Chances are Mattel’s lawyers earned more than the band along the way too! Don’t you just love America.

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