Fulla's and Barbie's Images in Relation to Women's Beauty
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Mattel V Walking Mountain Productions.Malted Barbie
FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT MATTEL INC., a Delaware Corporation, No. 01-56695 Plaintiff-Appellant, C.D. Cal. No. v. CV-99-08543- RSWL WALKING MOUNTAIN PRODUCTIONS, a California Business Entity; TOM N.D. Cal. No. FORSYTHE, an individual d/b/a CV-01-0091 Walking Mountain Productions, Misc. WHA Defendants-Appellees. MATTEL INC., a Delaware No. 01-57193 Corporation, Plaintiff-Appellee, C.D. Cal. No. CV-99-08543- v. RSWL WALKING MOUNTAIN PRODUCTIONS, N.D. Cal. No. a California Business Entity; TOM CV-01-0091 FORSYTHE, an individual d/b/a Misc. WHA Walking Mountain Productions, Defendants-Appellants. OPINION Appeal from the United States District Court for the Central District of California Ronald S.W. Lew, District Judge, Presiding and United States District Court for the Northern District of California William H. Alsup, District Judge, Presiding Argued and Submitted March 6, 2003—Pasadena, California 18165 18166 MATTEL INC. v. WALKING MOUNTAIN PRODUCTIONS Filed December 29, 2003 Before: Harry Pregerson and Sidney R. Thomas, Circuit Judges, and Louis F. Oberdorfer, Senior District Judge.* Opinion by Judge Pregerson *The Honorable Louis F. Oberdorfer, Senior Judge, United States Dis- trict Court for the District of Columbia, sitting by designation. 18170 MATTEL INC. v. WALKING MOUNTAIN PRODUCTIONS COUNSEL Adrian M. Pruetz (argued), Michael T. Zeller, Edith Ramirez and Enoch Liang, Quinn Emanuel Urquhart Oliver & Hedges, LLP, Los Angeles, California, for the plaintiff-appellant- cross-appellee. Annette L. Hurst (argued), Douglas A. Winthrop and Simon J. Frankel, Howard, Rice, Nemerovski, Canady, Falk & Rab- kin, APC, San Francisco, California, and Peter J. -
Who Is Really Protecting Barbie
University of Miami Law School Institutional Repository University of Miami Inter-American Law Review 7-1-2008 Who is really protecting Barbie: Goliath or the Silver Knight? A defense of Mattel's aggressive international attemps to protect its Barbie copyright and trademark Liz Somerstein Follow this and additional works at: http://repository.law.miami.edu/umialr Part of the Comparative and Foreign Law Commons, and the International Law Commons Recommended Citation Liz Somerstein, Who is really protecting Barbie: Goliath or the Silver Knight? A defense of Mattel's aggressive international attemps to protect its Barbie copyright and trademark, 39 U. Miami Inter-Am. L. Rev. 559 (2008) Available at: http://repository.law.miami.edu/umialr/vol39/iss3/7 This Comment is brought to you for free and open access by Institutional Repository. It has been accepted for inclusion in University of Miami Inter- American Law Review by an authorized administrator of Institutional Repository. For more information, please contact [email protected]. Who is really protecting Barbie: Goliath or the Silver Knight? A defense of Mattel's aggressive international attempts to protect its Barbie copyright and trademark Liz Somerstein* INTRODUCTION .............................................. 559 I. LEGAL REALISM: AN OVERVIEW ....................... 562 II. MATTEL'S AMERICAN BATTLE: MATTEL, INC. V. WALKING MOUNTAIN PRODUCTIONS ................... 563 A. The Walking Mountain case: Background ........ 565 B. The Walking Mountain Court's Analysis ......... 567 i. Purpose and character of use ................ 568 ii. Nature of the copyrighted work .............. 570 iii. Amount and substantiality of the portion u sed ......................................... 570 iv. Effect upon the potential market ............ 571 III. AT LOOK AT WALKING MOUNTAIN UNDER THE LEGAL REALIST LENS ....................................... -
The Fulla Doll, Identity, and Consumption in a Globalizing Arab World
University of Alberta Boxes Fulla Fun: The Fulla Doll, Identity, and Consumption in a Globalizing Arab World by Lena O. Saleh A thesis submitted to the Faculty of Graduate Studies and Research in partial fulfillment of the requirements for the degree of Master of Arts Department of Political Science ©Lena O. Saleh Fall 2013 Edmonton, Alberta Permission is hereby granted to the University of Alberta Libraries to reproduce single copies of this thesis and to lend or sell such copies for private, scholarly or scientific research purposes only. Where the thesis is converted to, or otherwise made available in digital form, the University of Alberta will advise potential users of the thesis of these terms. The author reserves all other publication and other rights in association with the copyright in the thesis and, except as herein before provided, neither the thesis nor any substantial portion thereof may be printed or otherwise reproduced in any material form whatsoever without the author's prior written permission. For Ummi and Abbi: I love you both. ABSTRACT: This thesis uses the case study of the Arab-Islamic Fulla doll to examine the relationships among globalization, consumption and cultural identities. Beginning with the question of how cultural products like the Fulla doll come to exist, I argue that the Fulla doll serves as an example of the process of creolization whereby non-Western peoples mobilize local customs and beliefs to transform globally-distributted consumer goods, thus re-contextualizing and assigning new meanings to these goods. Through an analysis of thirteen animated Fulla doll advertisements, I argue that the Barbie doll’s ethnic, religious and gendered identity has been re-contextualized to transform her into an Arab-Muslim woman, the Fulla doll. -
An Overview of Legal Protection for Fictional Characters: Balancing Public and Private Interests Amanda Schreyer
Cybaris® Volume 6 | Issue 1 Article 3 2015 An Overview of Legal Protection for Fictional Characters: Balancing Public and Private Interests Amanda Schreyer Follow this and additional works at: http://open.mitchellhamline.edu/cybaris Part of the Intellectual Property Law Commons Recommended Citation Schreyer, Amanda (2015) "An Overview of Legal Protection for Fictional Characters: Balancing Public and Private Interests," Cybaris®: Vol. 6: Iss. 1, Article 3. Available at: http://open.mitchellhamline.edu/cybaris/vol6/iss1/3 This Article is brought to you for free and open access by the Law Reviews and Journals at Mitchell Hamline Open Access. It has been accepted for inclusion in Cybaris® by an authorized administrator of Mitchell Hamline Open Access. For more information, please contact [email protected]. © Mitchell Hamline School of Law Schreyer: An Overview of Legal Protection for Fictional Characters: Balanci Published by Mitchell Hamline Open Access, 2015 1 Cybaris®, Vol. 6, Iss. 1 [2015], Art. 3 AN OVERVIEW OF LEGAL PROTECTION FOR FICTIONAL CHARACTERS: BALANCING PUBLIC AND PRIVATE INTERESTS † AMANDA SCHREYER I. Fictional Characters and the Law .............................................. 52! II. Legal Basis for Protecting Characters ...................................... 53! III. Copyright Protection of Characters ........................................ 57! A. Literary Characters Versus Visual Characters ............... 60! B. Component Parts of Characters Can Be Separately Copyrightable ................................................................ -
Interns Volunteer at TMC Health Fair
Vol. 26, Issue 4 | July/August 2014 Page 4 Cleveland University quick quiz Wanna win big? inVol. 26, Issue 4 | July/August 2014touch It’s fun and easy to play. And you really A newsletter for the students, faculty & staff of Cleveland University-Kansas City don’t need a big brain to win. Just do a little research, either on the Interns volunteer at TMC health fair leveland Chiropractic College Linda Gerdes, community outreach Internet or otherwise, Pe ter Conce again answered the call manager, worked with Moore and Dr. to serve others as a large contingent Debra Robertson-Moore to prepare for and you’ll be well of Clevelanders participated in the 4th the health fair. Although the commit- on your way! Annual Touchdown Family Fest, July 19 ment of time and energy were substan- at Arrowhead Stadium in Kansas City. tial, the results were worth the effort. Sponsored by Truman Medical Center “There is a lot of time and work in- To enter the “Quick Quiz” (TMC), the day-long event offered free, volved in organizing such a large event,” basic health care services to those in need, Gerdes said. “But when you see all the trivia contest, submit your That’s so totally random. including dental and vision screenings for people you are helping, it makes all the answer either via email to children and adults, as well as adult phys- hard work worth it, and hopefully teaches [email protected] A little more than nine years ago, we launched the first in a series of “totally random” trivia questions icals and youth sports physicals. -
Song Title Version 1 More Time Daft Punk 5,6,7,8 Steps All 4 L0ve Color Me Badd All F0r Y0u Janet Jackson All That I Need Boyzon
SONG TITLE VERSION 1 MORE TIME DAFT PUNK 5,6,7,8 STEPS ALL 4 L0VE COLOR ME BADD ALL F0R Y0U JANET JACKSON ALL THAT I NEED BOYZONE ALL THAT SHE WANTS ACE OF BASE ALWAYS ERASURE ANOTHER NIGHT REAL MCCOY BABY CAN I HOLD YOU BOYZONE BABY G0T BACK SIR MIX-A-LOT BAILAMOS ENRIQUE IGLESIAS BARBIE GIRL AQUA BLACK CAT JANET JACKSON BOOM, BOOM, BOOM, BOOM!! VENGABOYS BOP BOP BABY WESTUFE BRINGIT ALL BACK S CLUB 7 BUMBLE BEE AQUA CAN WE TALK CODE RED CAN'T BE WITH YOU TONIGHT IRENE CANT GET YOU OUT OF MY HEAD KYLIE MINOGUE CAN'T HELP FALLING IN LOVE UB40 CARTOON HEROES AQUA C'ESTLAVIE B*WITCHED CHIQUITITA ABBA CLOSE TO HEAVEN COLOR ME BADD CONTROL JANET JACKSON CRAZY FOR YOU MADONNA CREEP RADIOHEAD CRY FOR HELP RICK ASHLEY DANCING QUEEN ABBA DONT CALL ME BABY MADISON AVENUE DONT DISTURB THIS GROOVE THE SYSTEM DONT FOR GETTO REMEMBER BEE GEES DONT LET ME BE MISUNDERSTOOD SANTA ESMERALDA DONT SAY YOU LOVE ME M2M DONT TURN AROUND ACE OF BASE DONT WANNA LET YOU GO FIVE DYING INSIDE TO HOLDYOU TIMMY THOMAS EL DORADO GOOMBAY DANCE BAND ELECTRIC DREAMS GIORGIO MORODES EVERYDAY I LOVE YOU BOYZONE EVERYTHING M2M EVERYTHING COUNTS DEPECHE MODE FAITHFUL GO WEST FATHER AND SON BOYZONE FILL ME IN CRAIG DAVID FIRST OF MAY BEE GEES FLYING WITHOUT WINGS WESTLIFE FOOL AGAIN WESTLIFE FOR EVER AS ONE VENGABOYS FUNKY TOWN UPS INC GET DOWN TONIGHT KC & THE SUNSHINE BAND GET THE PARTY STARTED PINK GET UP (BEFORE THE NIGHT IS OVER) TECHNOTRONIC GIMME GIMME GIMME ABBA HAPPY SONG BONEY M. -
Mattel, Inc. V. MCA Records, Inc.: Let's Party in Barbie's World - Expanding the First Amendment Right to Musical Parody of Cultural Icons
Loyola of Los Angeles Law Review Volume 36 Number 3 Symposium: ICANN Governance Article 7 3-1-2003 Mattel, Inc. v. MCA Records, Inc.: Let's Party in Barbie's World - Expanding the First Amendment Right to Musical Parody of Cultural Icons Tamar Buchakjian Follow this and additional works at: https://digitalcommons.lmu.edu/llr Part of the Law Commons Recommended Citation Tamar Buchakjian, Mattel, Inc. v. MCA Records, Inc.: Let's Party in Barbie's World - Expanding the First Amendment Right to Musical Parody of Cultural Icons, 36 Loy. L.A. L. Rev. 1321 (2003). Available at: https://digitalcommons.lmu.edu/llr/vol36/iss3/7 This Notes and Comments is brought to you for free and open access by the Law Reviews at Digital Commons @ Loyola Marymount University and Loyola Law School. It has been accepted for inclusion in Loyola of Los Angeles Law Review by an authorized administrator of Digital Commons@Loyola Marymount University and Loyola Law School. For more information, please contact [email protected]. MA TTEL, INC. V. MCA RECORDS, INC.: LET'S PARTY IN BARBIE'S WORLD-EXPANDING THE FIRST AMENDMENT RIGHT TO MUSICAL PARODY OF CULTURAL ICONS I. INTRODUCTION On July 24, 2002, the Ninth Circuit Court of Appeals decided Mattel, Inc. v. MCA Records, Inc. -a case that may have a substantial impact on reaching a balance between the interests of trademark owners of cultural icons and the First Amendment rights of musical parodists of those cultural icons. By ruling in favor of the defendants, the Ninth Circuit held that the use of the "Barbie" trademark in a musical parody (1) was not an infringement of the toy manufacturer's trademark associated with the Barbie doll because the song was not likely to confuse the consumer as to its source or sponsorship, and (2) was not actionable under the Federal Trademark 2 Dilution Act (FTDA) as diluting the Barbie trademark3 because the song fell within the noncommercial use exception. -
1 I'm a BARBIE GIRL By: Jim Astrachan
attorneys at law . a professional corporation I'M A BARBIE GIRL By: Jim Astrachan __________________________________ Judge Alex Kozinski's Mattel v. Universal Music International opinion ribs Mattel's attempt to prevent parodic use of its Barbie trademark holding, "If this were a sci-fi melodrama, it might be called Speech-zilla meets Trademark Kong." This case is a well reasoned opinion in which Judge Kozinski analyses a trademark owner's right to prevent use of its mark in an infringing manner and a third person's right to use the mark to lampoon the product associated with the mark. A trademark is a word, phrase or symbol used to identify a manufacturer or sponsor of goods or a provider of service. Barbie is a registered mark used by Mattel to designate a doll that it manufactures and to identify Mattel as the source of the product. If any other doll manufacturer was to apply the Barbie mark to its doll product it is not hard to imagine that an appreciable number of consumers would believe Mattel was the source. The principal purpose of trademark rights is to avoid this sort of confusion in the marketplace. When another's trademark is used in a way that is likely to cause confusion, 99001.003/51027 1 infringement results. Once infringement is shown irreparable harm is presumed and injunctive relief is appropriate. But as Judge Kozinski points out, trademarks are used for more than product identification purposes. Some become part of our vocabulary and run the risk of becoming generic. He asks, "How else do you say something's the 'Rolls Royce' of its class?" We add trademarks to our vocabulary and we often use those marks to sound contemporary. -
Intellectual Property As Seen by Barbie and Mickey: the Reciprocal Relationship of Copyright and Trademark Law
Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2017 Intellectual Property As Seen by Barbie and Mickey: The Reciprocal Relationship of Copyright and Trademark Law Jane C. Ginsburg Columbia Law School, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Entertainment, Arts, and Sports Law Commons, and the Intellectual Property Law Commons Recommended Citation Jane C. Ginsburg, Intellectual Property As Seen by Barbie and Mickey: The Reciprocal Relationship of Copyright and Trademark Law, JOURNAL OF THE COPYRIGHT SOCIETY OF THE USA, VOL. 65, P. 245, 2018; COLUMBIA PUBLIC LAW RESEARCH PAPER NO. 14-567 (2017). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2072 This Working Paper is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. [forthcoming, Journal of the Copyright Society of the USA] Intellectual Property as Seen by Barbie and Mickey: The Reciprocal Relationship of Copyright and Trademark Law Jane C. Ginsburg* Abstract Some years ago, caselaw on trademark parodies and similar unauthorized “speech” uses of trademarks could have led one to conclude that the law had no sense of humor. Over time, however, courts in the US and elsewhere began to leaven likelihood of confusion analyses with healthy skepticism regarding consumers’ alleged inability to perceive a joke. These decisions did not always expressly cite the copyright fair use defense, but the considerations underlying the copyright doctrine seemed to inform trademark analysis as well. -
Honour List 2018 © International Board on Books for Young People (IBBY), 2018
HONOUR LIST 2018 © International Board on Books for Young People (IBBY), 2018 IBBY Secretariat Nonnenweg 12, Postfach CH-4009 Basel, Switzerland Tel. [int. +4161] 272 29 17 Fax [int. +4161] 272 27 57 E-mail: [email protected] http://www.ibby.org Book selection and documentation: IBBY National Sections Editors: Susan Dewhirst, Liz Page and Luzmaria Stauffenegger Design and Cover: Vischer Vettiger Hartmann, Basel Lithography: VVH, Basel Printing: China Children’s Press and Publication Group (CCPPG) Cover illustration: Motifs from nominated books (Nos. 16, 36, 54, 57, 73, 77, 81, 86, 102, www.ijb.de 104, 108, 109, 125 ) We wish to kindly thank the International Youth Library, Munich for their help with the Bibliographic data and subject headings, and the China Children’s Press and Publication Group for their generous sponsoring of the printing of this catalogue. IBBY Honour List 2018 IBBY Honour List 2018 The IBBY Honour List is a biennial selection of This activity is one of the most effective ways of We use standard British English for the spelling outstanding, recently published children’s books, furthering IBBY’s objective of encouraging inter- foreign names of people and places. Furthermore, honouring writers, illustrators and translators national understanding and cooperation through we have respected the way in which the nomi- from IBBY member countries. children’s literature. nees themselves spell their names in Latin letters. As a general rule, we have written published The 2018 Honour List comprises 191 nomina- An IBBY Honour List has been published every book titles in italics and, whenever possible, tions in 50 different languages from 61 countries. -
A Parody of a Distinction: the Ninth Circuit's Conflicted Differentiation Between Parody and Satire, 20 Santa Clara High Tech
Santa Clara High Technology Law Journal Volume 20 | Issue 3 Article 5 January 2004 A Parody of a Distinction: The inN th Circuit's Conflicted Differentiation between Parody and Satire Christopher J. Brown Follow this and additional works at: http://digitalcommons.law.scu.edu/chtlj Part of the Law Commons Recommended Citation Christopher J. Brown, A Parody of a Distinction: The Ninth Circuit's Conflicted Differentiation between Parody and Satire, 20 Santa Clara High Tech. L.J. 721 (2003). Available at: http://digitalcommons.law.scu.edu/chtlj/vol20/iss3/5 This Comment is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara High Technology Law Journal by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected]. COMMENT A PARODY OF A DISTINCTION: THE NINTH CIRCUIT'S CONFLICTED DIFFERENTIATION BETWEEN PARODY AND SATIRE ChristopherJ. Brown f "Thou shalt not say that to rob the public is to steal."' I. INTRODUCTION In Mattel, Inc. v. MCA Records, Inc. (Mattel),2 the Ninth Circuit recently held that a song based on the Barbie doll was a parody and therefore qualified for a fair use defense against a claim of trademark infringement.3 A few years ago, however, this same circuit in Dr. Seuss Enterprises,L.P. v. Penguin Books USA, Inc. (Seuss)4 held that a book using the writing style of Dr. Seuss, as well as a character fashioned after the Cat in The Cat in the Hat, was a satire and therefore did not qualify for a fair use defense against claims of trademark and copyright infringement. -
CSAMES Materials (Middle East)
CSAMES Materials: Middle East I. Books in Arabic 1. ‘Abda Al Arabia – I Start Arabic: Volume 1 (Author: Nasef Mustafa Abd-Alaziz). 2. ‘Abda Al Arabia – I Start Arabic: Volume 2. 3. ‘Abda Al Arabia – I Start Arabic: Volume 3. 4. ‘Abda Al Arabia – I Start Arabic: Volume 4. 5. C’mon Let’s Color Egypt (Part 2). Handicrafts. 6. C’mon Let’s Color Egypt (part 3) Folk and Popular Food. 7. Illustrated Alphabet. 8. My friend Sadiqi - For learning the Alphabet. 9. Qatr al-Nada (Drop of Dew) and The Magic Scissors (al-Maqass al-cajib) – Stories by Ibtihal Salem. 10. Reflections on the Time of Illusion (Author: Dr. N.S. Fatemi) 11. Scholastic’s The Magic School Bus Gets Ants in its Pants. 12. Scholastic’s The Magic School Bus Ups and Downs: A Book about Floating and Sinking. II. Books in English 1. Abbas, Jailan. Festivals of Egypt. Cairo, Egypt: Hoopoe, 1995. 2. Abdel-Fattah, Randa. Does My Head Look Big in This? New York, NY: Orchard Books, 2005. 3. Al-Abdullah, Her Majesty Queen Rania. The King’s Gift. London: Michael O’Mara Books Limited, 2000. 4. AL-Hijji, Yacoub. Old Kuwait: Memories in Photographs. Kuwait: Center for Research and Studies on Kuwait, 1997. 5. Alexander, Sue. Nadia the Willful. New York, NY: Alfred A. Knopf, 1983. 6. Asayesh, Gelareh. Saffron Sky: A Life between Iran and America. Boston: Beacon Press, 1999. 7. Ashabranner, Brent. Gavriel and Jemal: Two Boys of Jerusalem. New York, NY: Dodd, Mead & Company, 1984. 8. Bahous, Sally. Sitti and the Cats.