Intellectual Property Keyed to Merges
Mattel, Inc. MCA Records
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
The Danish band Aqua, signed to the record label MCA Records, Inc. (MCA) (Defendant), produced a song on their Aquarium album entitled Barbie Girl. The song made it onto some Top 40 music charts. The song consists of one band member impersonating the doll Barbie in a high-pitched voice, while another band member pretends to be Ken, who asks Barbie to “go party.” The doll, Barbie, has been a best-seller in the United States for some time and has become an American cultural icon. Mattel, Inc. (Plaintiff), the maker of the doll Barbie, brought suit for trademark infringement. The lower court found for MCA (Defendant), and Plaintiff now appeals that ruling—that Barbie Girl is a parody of Barbie and, therefore, is a nominative fair use of the product. The lower court also ruled that Defendant’s use of the term “Barbie” is not likely to confuse consumers as to Plaintiff’s affiliation with Barbie Girl or dilute the Barbie trademark.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.