Whether you hated it or loathed it, the hit song ‘Barbie Girl’ by the Danish band Aqua was everywhere in 1997.
What you may not know is that Mattel sued the tiny band — as they do all a zillion times a year, claiming trademark infringement.
You’d think the toy giant would have welcomed the free global publicity but nooooooo. For years they sued the band, even trying to take it to the Supreme Court.
But in a landmark decision, Judge Alex Kozinski wrote in his legal opinion, “If this were a sci-fi melodrama, it might be called Speech-Zilla meets Trademark Kong.”
He ruled in favor of the band and record company, noting that the song was a parody, therefore protected by the First Amendment. But it was his last line that captured everyone’s attention: ‘The parties are advised to chill.’