Mattel Inc. v. Walking Mountain Productions, 353 F.3d 792 (9th Cir. 2003),[1] was a case betweenMattel andTom Forsythe in which Mattel sued Forsythe for the production and sale ofphotographs portraying "Barbie" dolls. Mattel alleged that Forsythe's use of Barbie's name and likeness in his "Food Chain Barbie" photo series infringed on theircopyrights,trademarks, andtrade dress. The court held that Mattel's trademark and trade dress claims were "groundless or unreasonable" and therefore ordered Mattel to pay 1.8 million dollars in legal fees to Forsythe under theLanham Act.[2]
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