Document Type
Article
Media Type
text
Publication Title
Northern Illinois University Law Review
Abstract
From movies to advertisements to department stores, Barbie is everywhere. Barbie has been around for decades and is now a cultural phenomenon. It is almost impossible to not be familiar with the iconic fashion doll. With a creation so popular and so powerful, how do other individuals or businesses create their own doll without being influenced by Barbie? This Note discusses the independent creation defense within copyright infringement. The focus of this Note is whether a defendant would even be able to assert the independent creation defense when their opponent’s creation is so widely known, like Barbie. This Note emphasizes the hesitance of courts to apply the independent creation defense which ultimately harms originality and creativity.
First Page
287
Last Page
309
Publication Date
5-1-2025
Department
College of Law
Recommended Citation
Harrison, Shelby
(2025)
"Hi Barbie! A Cultural Phenomenon Illustrates How Courts Have Lost the True Meaning of the Independent Creation Defense,"
Northern Illinois University Law Review: Vol. 45:
Iss.
2, Article 3.
Suggested Citation
Shelby Harrison, Note, Hi Barbie! A Cultural Phenomenon Illustrates How Courts Have Lost the True Meaning of the Independent Creation Defense, 45 N. Ill. Univ. L. Rev 287 (2025).
