Thursday, July 22, 2010

Bratz Beats Barbie

(The Telegraph)

Here's a remarkably witty and wise decision from Chief Judge Alex Kozinski of the US 9th Circuit - famed for his often colourful IP decisions.

He overturns Mattel's early victories in this epic case on many grounds, not least important of which is the classic idea v. expression issue.

His bottom line and his last line indicate the frequent reluctance of the experienced IP judiciary to let copyright law be used to stifle otherwise legitimate competition:
America thrives on competition; Barbie, the all-American
girl, will too.

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