1. Given the rule adopted by the court, can you think of an example when a literary title would violate the Lanham Act?
2. Why did the court distinguish between use of a mark on a product and use of a mark in a song title?
Mattel has invested significant resources into the world-wide marketing and development of the doll and it has used the ‘Barbie’ trademark on a variety of accessories for decades. This included development of a Ken doll. In 1997, the Danish band Aqua produced a song called Barbie Girl in which one band member impersonates Barbie by singing in a high-pitch, doll-like voice in a musical conversation with another band member called Ken.