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Mattel sues magazines for explicit photos of Barbie, Ken
Reuters Story - March 13, 1998 17:57
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By Sue Zeidler
LOS ANGELES, March 13 (Reuters) - Barbie is having her day
in court. And another. And another. And another.
The world's most famous doll, made by Calif.-based Mattel
Inc., is right at home in this sprawling city where everyone
sues everybody over everything from slander to breach of
contract to stealing your idea for a screenplay.
The plastic bombshell, who celebrated her 39th birthday
Monday, has been in court more than she's been out as Mattel
spends mountains of money on legal fees to vigorously defend
Barbie's $2 billion-a-year trademarked product and "wholesome"
image.
The latest legal brouhaha involves London magazine "For
Him" and the German version of a U.S. periodical "Men's Health"
which used "Ken" and "Barbie" models to show a variety of
sexual positions - and had Mattel turning somersaults.
In a federal lawsuit filed in Los Angeles last week, Mattel
said it has worked hard since 1959 to preserve the
image and identity of the Barbie line, which is portrayed by
Mattel as wholesome and aspirational and is never associated
with anything obscene, vulgar or distasteful.
Mattel said the publishers infringed in 1996 articles,
which contained photos of Ken and Barbie arranged in various
explict sexual positions.
"For Him", which originally ran the article in April 1996,
also put an animated version on its Web site and followed up in
later issues with Ken and Barbie in other lewd acts, Mattel
said. The German edition of "Men's Health" reprinted the
article in August 1996 with the same photos.
"These publishing companies have been using images of our
product for their own commercial benefit," said Sean
Fitzgerald, a spokesman for Mattel.
"We're committed to aggressively protecting the Barbie
brand and all brands that are critical to Mattel," he said.
Wolfgang Breuer, deputy editor for Germany's "Men's Health"
magazine said the magazine has not received any notification of
a lawsuit against it and has only heard about it through the
media.
"We were rather surprised to hear about this because we
thought we had portrayed Barbie in a rather light-hearted way
and not at all in a disreputable way," Breuer said.
"We have not received any charges," he said, speaking from
the magazine's editorial in Hamburg.
Meanwhile, Mattel just had a setback in a similar suit in
Los Angeles against MCA records, a unit of Seagram Co.
Ltd. , over pop band Agua's song "Barbie Girl."
In that suit, filed last September, Mattel was seeking a
preliminary injunction to enjoin MCA from distributing the
song, which it said contained lyrics that "associate sexual and
other unsavory themes with Barbie.
But the judge didn't agree.
"Even if the song were considered vulgar as Mattel
purports, it is a parody of the 'party-girl' image Barbie may
already have among some members of the general public," U.S.
District Judge William Matthew Byrne wrote in a 33-page ruling
filed in February in U.S. District Court in Los Angeles.
"Absent stronger evidence that the song actually tarnishes
Barbie's image, plaintiff is unlikely to succeed on its
trademark dilution claims," he said.
Mattel's Fitzgerald said the suit is far from over. "We
really believe we have a strong suit," he said.
The legendary doll and pop icon has rarely been out of the
news lately.
Late last year, Mattel announced Barbie would be getting
plastic surgery to get a more politically correct body than her
superhuman proportions, causing a near-riot among her most
devoted fans.
Mattel has also sued Japanese carmaker Nissan Motor Co.
Ltd. for a TV ad featuring dolls resembling G.I. Joe,
Barbie and her boyfriend Ken in September.
The lawsuit, also filed in federal court in Los Angeles,
seeks an injunction to keep the spot from airing and damages
and costs against Nissan for causing "irreparable injury to
Mattel's name, business reputation and good will."
Fitzgerald said discussions with Nissan are ongoing.
Mattel also has sued San Francisco artist Ken Hansen and
Miller's Report, a magazine for Barbie collectors.
"They're spending a lot of legal money to control Barbie's
trademark and they have a right to do that," said Brian
Eisenbarth, analyst with Collins & Co.
"But the fact that people are using Ken and Barbie all the
time just shows the incredible brand recognition they have," he
said, adding, "they may just have to come to the realization
that the Barbie name is synonomous with a lot of things." |
