http://www.nytimes.com/2004/06/28/national/28barbie.html?ex=1089444697&e
"...Plaintiff had access to sophisticated counsel who could have determined
that such a suit was objectively unreasonable and frivolous," Judge Lew
wrote in his order. "Instead it appears plaintiff forced defendant into
costly litigation to discourage him from using Barbie's image in his
artwork. This is just the sort of situation in which this court should
award attorneys fees to deter this type of litigation which contravenes the
intent of the Copyright Act.''
The order also characterized Mattel's claim of trademark infringement as
"groundless and unreasonable.''
Jonathan Zittrain, a professor at Harvard Law School who specializes in
Internet and copyright law, said, "It's enough to give corporations...pause
to consider whether to simply reflexively unleash the hounds the minute
they see somebody doing something that relates to their brand of which they
don't approve."
Amalyah Keshet
Head of Image Resources & Copyright Management
The Israel Museum, Jerusalem
Tel +972-2-670-8874
Fax +972-2-670-8064
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