OK, since you brought it up - it must be said....the best US Appelate Court opinion ever - Mattel, Inc vs. MCA Records, Inc. for trademark infringement on their "Barbie" mark and the counterclaim by MCA for defmation...in the US 9th Circuit...in the opinion of the court, Judge Kozinski writes...
"If this were a sci-fi melodrama, it might be called Speech-Zilla meets Trademark Kong." then insert about 30 pages of legal opinion and..in conclusion... "MCA filed a counterclaim for defamation based on the Mattel representative's use of the words "bank robber," "heist," "crime" and "theft." But all of these are variants of the invective most often hurled at accused infringers, namely "piracy." No one hearing this accusation understands intellec- tual property owners to be saying that infringers are nautical cutthroats with eyepatches and peg legs who board galleons to plunder cargo. In context, all these terms are nonactionable "rhetorical hyperbole," Gilbrook v. City of Westminster, 177 F.3d 839, 863 (9th Cir. 1999). The parties are advised to chill. AFFIRMED." Best...opinion...ev-ar! http://www.ca9.uscourts.gov/ca9/newopinions.nsf/2507FB5DDCB94D7088256C000051F3B8/$file/9856453.pdf?openelement -m On 11/29/05, T.Whid <[EMAIL PROTECTED]> wrote: > It probably doesn't have anything to do with it being sexually > provocative, it's just provoking a lawsuit... > > Mattel has a long history of suing like crazy over Barbie. > > just google barbie lawsuit... > > Still, it's a drag that it was removed. > > On 11/29/05, Aimee Buyea <[EMAIL PROTECTED]> wrote: > > well i guess my work on gender issues is a little too > > provocative. > > > > > > "Dear Patron: > > > > You recently uploaded an item to one of our > > collections. Curators had > > to remove it, possibly due to one of the following > > reasons: > > > > -Rights status unclear > > -Rights status appears inappropriate for our > > collections > > -Inappropriate content (eg, pornography) > > -Uploader requested the removal > > -Item content was empty or broken > > > > Although we appreciate your willingness to contribute, > > we would like > > to host only content that rightsholders will permit us > > to host. Please > > do not attempt to reupload this item. Thanks for your > > understanding! > > > > -an Internet Archive curator" > > > > check it out! > > aimee > > > http://onegirloneworld.blogspot.com/2005/11/warning-sites-linked-contain-adult.html > > > > > > > > > > Yahoo! Groups Links > > > > > > > > > > > > > > > > > -- > <twhid>www.mteww.com</twhid> > > > > SPONSORED LINKS > Individual > Fireant Use > > > ________________________________ YAHOO! GROUPS LINKS > > > Visit your group "videoblogging" on the web. > > To unsubscribe from this group, send an email to: > [EMAIL PROTECTED] > > Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service. > > ________________________________ -- -m http://www.secretelite.com/michael ------------------------ Yahoo! Groups Sponsor --------------------~--> Most low income households are not online. Help bridge the digital divide today! http://us.click.yahoo.com/I258zB/QnQLAA/TtwFAA/lBLqlB/TM --------------------------------------------------------------------~-> Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/videoblogging/ <*> To unsubscribe from this group, send an email to: [EMAIL PROTECTED] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
