Tabberone is pronounced tab ber won not tay ber own

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Mattel Inc. v. Walking Mountain Productions, 353 F.3d 792 (9th Cir. 2003)

The Ninth Circuit, applying the Rogers test, held that there was no trademark infringement by photographs of a Barbie doll which referred to Barbie in the title on the BARBIE mark where public interest in free and artistic expression greatly outweighs its interest in potential consumer confusion. With respect to claims of misappropriation of trade dress, the court found that the artist's use of the doll was protected under the fair use doctrine as nominative use under New Kids on the Block because he used the doll to conjure up associations of Mattel and identify his own work at the same time.