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"The concept of depicting a young, fashion-forward female with exaggerated features, including an oversized head and feet, is... unoriginal as well as an unprotectable idea."

Writes 9th Circuit Judge Alex Kozinski, giving the victory to Bratz over Barbie.

Mattel argues that the sculpt was entitled to broad protection because there are many ways one can depict an exaggerated human figure. It?s true that there?s a broad range of expression for bodies with exaggerated features: One could make a fashion doll with a large nose instead of a small one, or a potbelly instead of a narrow waist. But there?s not a big market for fashion dolls that look like Patty and Selma Bouvier. Little girls buy fashion dolls with idealized proportions ?which means slightly larger heads, eyes and lips; slightly smaller noses and waists; and slightly longer limbs than those that appear routinely in nature. But these features can be exaggerated only so much: Make the head too large or the waist too small and the doll becomes freakish, not idealized.

(PDF of opinion here. Short news article here.)


Have Patty and Selma Bouvier ever been mentioned in a court case before?

Full post as published by Althouse on July 23, 2010 (boomark / email).