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This section contains the nature of the case and procedural background.

P created a doll called Barbie. It was originally intended to be an adult collector’s item and eventually transformed into a cultural icon. Aqua is a Danish band. They created a song called “Barbie Girl,” which parodied the status of P's doll. P sued D to enjoin the use of P’s trademark. D accepted the claim that its use of the Barbie mark was dilutive. The court ruled that because the song was a parody, it was not likely to confuse consumers. P appealed.

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