Mattel, Inc. v. MCA Records, Inc. their marketing plan. Mattel also claimed that the cover packaging of the single used "Barbie pink", a trademarked color owned by Mattel. MCA contested Mattel's claims and countersued for defamation after Mattel had likened MCA to a bank robber. The lawsuit filed by Mattel was dismissed by the lower courts, and this dismissal was upheld. Mattel requested review by the Supreme Court of the United States, but its petition for certiorari was denied. In 2002, Judge Alex Kozinski ruled the song was protected as a parody under the trademark doctrine of nominative use and the First Amendment to the United
Mattel Inc v 3894207 Canada Inc Federal Court of Appeal both upheld the Trade-marks Opposition Board’s decision. Mattel Inc. appealed to the Supreme Court of Canada. The Board found that there was not a strong likelihood of consumer confusion. The Board based its decision on the fact that Mattel presented no evidence of actual confusion (although it was not required to), the mark had a low degree of inherent distinctiveness (as it is a short form of the name "Barbara"), and the nature of the uses by the two parties were very different. Mattel appealed the Board's ruling to the Federal Court. The Federal Court decided