Lawsuit Doesn't Sink Aqua 'barbie Girl' Driving Album Sales

In spite of a pending lawsuit that could pull product from stores, MCA Records' Danish pop sensation Aqua is enjoying a successful American debut with its new album, 'Aquarium.'
MCA is being sued by Mattel Inc., which claims the group's hit single 'Barbie Girl' is a trademark infringement against the company's 37-year-old plastic icon--the Barbie doll. The 'Barbie Girl' single is featured on 'Aquarium.'
The lawsuit, filed Sept. 11 in U.S. District Court in L.A., also claims unfair competition, wrongful use of a registered mark, and six other counts.
The toy maker is seeking preliminary and permanent injunctions against further distribution, promotion, and advertising of the album and single.
Also named in the suit are Universal Music International, MCA Music Scandinavia, Universal Music and Video Distribution, and the Danish company Locomotion Kofod Schiller Film.
Although the lawsuit has received a great deal of publicity, retailers say it is extensive radio airplay for 'Barbie Girl,' not publicity over the suit, that has spurred sales for the album.
'MCA cut out the single so quickly that people are buying the album for that song,' says Borders Books & Music buyer Andy Sibray. 'Mattel is giving them publicity, but I don't know if it's the controversy that is sparking sales.'
The single, which was released Aug. 19, has sold 48,200 units, according to SoundScan, and is No. 11 on Billboard's Hot 100 Singles chart.
'Aquarium' debuted at No. 15 on The Billboard 200 this issue and has sold 55,000 units since its Sept. 9 release, according to SoundScan.
Musicland reports that the album and single are No. 15 at the chain. 'The biggest selling factor is the airplay for the single, not publicity over the lawsuit,' says a Musicland spokesman.
In the lawsuit, Mattel alleges that 'the 'Barbie Girl' song contains lyrics that associate sexual and other unsavory themes with Mattel's Barbie.'
In the lawsuit, Mattel specifically lists the song's lyrics 'I'm a blonde bimbo girl, in a fantasy world . . . kiss me here, touch there, hanky, panky,' and other lyrics 'that convey a message that is inconsistent with the image Mattel has striven to maintain for its Barbie products and disparage and devalue the Barbie brand.'
A spokesman for Mattel says the company holds no 'ill will' toward the act.
'This is a business issue, not a freedom of speech issue,' says the spokesman. 'This is a $2 billion company, and we don't want it messed around with, and situations like this gradually lead to brand erosion.'
MCA has printed a disclaimer on the album and single that says, 'The song 'Barbie Girl' is a social comment and was not created or approved by the makers of the doll.'
In a statement, MCA Records president (U.S.) Jay Boberg says, 'We believe Mattel's claims are baseless. 'Barbie Girl' is just a terrific pop song that's been embraced by the public.'
The Mattel spokesman says there has been no activity on the lawsuit since the filing.

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