Happy Birthday Litigation Barbie (Part II)

Copyright Infringement:

The Miss America Organization v. Mattel, Inc., 945 F.2d 536 (2nd 1991).
There she goes, "Miss America."  In 1991 a shipment of 11 1/2 inch glamorous but--according to their maker--wholesome, high fashion dolls were detained in customs because of a striking resemblance to Barbie.  These dolls were ordered by the Miss America Organization, via Kenner Corporation. When Kenner began importing its "Miss America" line of dolls into the United States, Mattel asked U.S. Customs to detain them. Kenner and the Miss America Organization responded by suing Mattel and United States Customs in federal court.

This case is a really insightful look at the interplay of the administrative procedures of US Customs seizing items that Customs deems infringing and comparing that to the copyright infringement standards applied in federal court. More...

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