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The Abercrombie Formulation: Generic, Descriptive, Suggestive, Arbitrary and Fanciful Marks

by Laverne Berry, Esq. | May 2, 2011 | Trademark

The Lanham Act, the federal trademark statute, protects marks that perform sourceidentifying functions. Specifically, under the Lanham Act, a person must use or intend to use a mark to “identify and distinguish [his or her goods]…from those manufactured or...

Aqua and Mattel’s Lawsuit Regarding “Barbie Girl” Song

by Laverne Berry, Esq. | May 2, 2011 | Trademark

Mattel, the manufacturer of the “Barbie” doll, sued a Danish band, Aqua, over their song “Barbie Girl.” The song, among other things, contained lines that portrayed Barbie in a negative light. Background In 1997, Aqua released the album...

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