Aqua - "Barbie Girl"

[gregtheone]

How great this song really is?

It was my second single ever, my sister gave me it for my 7th birthday.

Easily, the biggest hit of that year.

Where did it peak in the US?

[gregtheone]

Tue. January 28.2003 3:02 PM EST

'Barbie Girl' Gets Stamp Of Approval From Supreme Court

Mattel's request to reopen trademark/defamation suit turned down.

by Jennifer Vineyard

The Supreme Court on Monday turned down toy maker Mattel's request to reopen its 1997 trademark infringement and defamation suit against MCA Records over Aqua's dance hit "Barbie Girl."

The high court issued its decision without comment,
letting stand a federal appeals court ruling dismissing the lawsuit on the grounds that the song was parody and protected as free speech.

Mattel had claimed that "Barbie Girl" defamed Barbie with sexual innuendo. In the song, singer Lene Grawford Nystrøm refers to herself as a "blonde bimbo " and sings, "I'm a Barbie girl, in my Barbie world/ Life in plastic, it's fantastic/ You can brush my hair, undress me everywhere." The company also said the song confused listeners into thinking the company backed it.

MCA defended the song as social commentary and stickered the album, Aquarium, with a disclaimer that noted the song was not "created or approved" by the maker of Barbie dolls.

After losing in lower courts, Mattel continued to appeal. Saying that "the parties are advised to chill," Ninth U.S. Circuit Court of Appeals Judge Alex Kozinski upheld a lower court ruling that threw out Mattel's suit as well as MCA's countersuit for defamation last summer (see "Finally, We Can Enjoy 'Barbie Girl' With A Clear Conscience").

"The problem arises when trademarks transcend their identifying purpose," Kozinski wrote at the time. "Some trademarks enter our public discourse and become an integral part of our vocabulary. How else do you say that something's 'the Rolls Royce of its class'? What else is a quick fix, but a Band-Aid? ... Once imbued with such expressive value, the trademark becomes a word in our language and assumes a role outside the bounds of trademark law."

Further, the judge ruled, the lyrics confirm that the use of the trademark is designed to convey a message about the song and not to identify the product's producer. "If we see a painting titled 'Campbell's Chicken Noodle Soup,' we're unlikely to believe that Campbell's has branched into the art business," Kozinski wrote. "Nor, upon hearing Janis Joplin croon, 'Oh Lord, won't you buy me a Mercedes Benz?' would we suspect that she and the carmaker had entered into a joint venture."

"We always contended that the suit involved creative expression and free speech," MCA spokesperson Lillian Matulic said. "We are happy that the court let stand the ruling dismissing this lawsuit."

"Obviously we are very disappointed," Mattel spokesperson Jules Andres said. "We think the standard set by the [court] will make it very difficult for companies to protect their trademarks."

Mattel earns $1.5 billion or more annually in Barbie sales, according to the company's quarterly earnings reports. MCA sold an estimated 1.4 million copies of the recording.

[Bastian]

this was a great novelty song

[DaveZ35]

I thought this was rather annoying. It went to No. 7 on the Billboard Hot 100.

[Bastian]

skydk35 said:

I thought this was rather annoying. It went to No. 7 on the Billboard Hot 100.

and #1 almost everywhere worldwide

[tozion]

So annoying!

[Grenade]

This was TERRIBLE. I never could get into this.

[Punchanello]

What a disturbing song.

[zak]

I love it. It so perfectly psychotic and it actually has a message

[TotallyEnormousExtinctDinosaur]

LOVE IT. It reminds me so much of summer '97.

[That Skipping Rope.]

We used to play this on the morning announcements in 8th grade.

[Krypton46]

I don't mind this song so much as long as I only hear it in small doses, otherwise I'll suffer from a migrane mainly because of her voice. I liked "Turn Back Time" better than this though.

[H.A.T.E. U]

I LOVE this. Their first album was filled with cathy dance/pop gems like this song and a couple of slow jams as well ("Turn Back Time" and "Be a Man").

[Grenade]

I HATE this.

[HC]

The remix of this came on the radio at the gym last week. It was kind of uncomfortable, since most people really don't want to like this song. But as far as novelty songs go, there's much worse.

[duh5]

dh10 said:

I HATE this.