Aqua Versus Barbie: The Day “Speech-Zilla” Demolished “Trademark Kong”
Twenty years ago this month, a lawsuit was filed that resulted in a significant ruling on First Amendment protection for satire, a subject close to the Dog’s heart. The defendants included MCA Records, a music distributor. And the plaintiff was Mattel, the maker of what is probably the world’s most famous (and infamous) doll: the Barbie.
A few weeks earlier, the Danish eurodance band Aqua had released a single entitled “Barbie Girl.” Almost immediately, it charted at Number 7 in the United States, the fastest rise ever for a new group according to Billboard. In other countries, including Australia, Germany, Spain, and the United Kingdom, it reached number one. Not everyone was pleased; years later, a poll by Rolling Stone Magazine rated it the 11th most annoying song of all time. But no one was more dismayed than Mattel, which complained that the “adult-oriented lyrics” detracted from their product’s “wholesome image.”
Take a look at the famous Aqua video, which has been viewed over 400 million times. And keep an eye on what happens to “Barbie” after two minutes and forty seconds:
Mattel’s lawsuit was filed in a federal district court in California and assigned to Judge William Matthew Byrne, Jr., who is best remembered for his decision dismissing charges against Daniel Ellsberg in the Pentagon Papers case based on governmental misconduct. In essence, Mattel alleged that the song had infringed its trademark and confused the public concerning its brand. To support its argument, it hired an expert to