31
Jul/02

Ninth Circuit Issues Unconstitutional Advisory Opinion To Mattel and MCA


Until today I have never laughed out loud  while reading a Ninth Circuit Opinion.  This is the last paragraph of Mattel v. MCA (discussed above):

“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 intellectual proeprty 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,” (cite omitted).  The parties are advised to chill.  (Emphasis mine.)

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