In April 2004, the Second Circuit Court of Appeals reversed a district court's conclusion that the features of Mattel's “CEO Barbie” and “Neptune's Daughter Barbie” were not protected by copyright.
Expanding Protections for Artistic Features of Utilitarian Objects
In April 2004, the Second Circuit Court of Appeals reversed a district court's conclusion that the features of Mattel's "CEO Barbie" and "Neptune's Daughter Barbie" were not protected by copyright. With little discussion, the three judge panel unanimously held that while Mattel's "particularized expression" in a "doll visage with upturned nose, bow lips, and widely spaced eyes" does not prevent a competitor from creating dolls with upturned noses, bow lips and widely spaced eyes, it does bar a competitor from copying Mattel's "realization" of the particular Barbie's features. <i>Mattel, Inc. v. Goldberger Doll Manufacturing Co.</i>, 365 F.3d 133, 136 (2d Cir. 2004).
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