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
Porteous (store) Grant store in Cooks Corner Shopping Center in Brunswick ME had been taken over by JC Penney, but was subsequently closed when the JC Penney store opened at the expanded Maine Mall in South Portland in 1983. Porteous not only opened in The Maine Mall at this time but also took over the Cooks Corner location. The downtown Portland flagship store closed not long after the Maine Mall store opened. Owned by the Dunlaps Store chain based in Texas in its last years (starting around 1993), and operated as "PMB, Inc.--a Division of Dunlaps", the chain found itself flustered with