Artist Thomas Forsythe photographed BARBIE dolls to make an artistic point. Mattel sued him and lost. A District Court judge has now held that the parodic character of the work should have been clear to Mattel, whom he characterized as a ‘sophisticated entity with access to good legal rerpesentation.’ Accordingly, Mattel’s copyright claim was ‘objectively unreasonable,’ and its trademark, trade dress and dilution claims were ‘groundless and unreasonable.’ Defendant was awarded $1,584,089 in attorneys fees and $241,797 in costs.
Mattel v. Walking Mountain Products, 99-8543 (C.D. Cal June 21, 2004)