Patricia Day of the HorrorPops Sues Barbie
|Patricia Day of the HorrorPops||Hard Rock Barbie|
Barbie stole her latest look from Patricia Day of the HorrorPops. That is according to a suit filed by Ms. Day against Mattel (Barbie’s manufacturer) and others. The suit was filed on December 23, 2010 in Indiana.
Ms. Day is Danish. Mattel is a Delaware corporation. How in the world did this case end up in Indiana? According to the Indiana Intellectual Property and Technology Blog, Indiana has a very plaintiff friendly law on the right of publicity. In the Hoosier state, you and your heirs can sue over your right to publicity up to one hundred years after your death. Ms. Day also alleges false endorsement.
There is no doubt that Ms. Day’s appearance closely resembles the doll’s. They have similar hair, makeup, ink, and “tattooed” bass. The fact that all members of the rockabilly subculture share the same hair, makeup and ink hurts Ms. Day’s case though.
Some have noted that both Ms. Day and Hard Rock Barbie need to thank Bettie Page for their sense of style.
Siouxsie is pulling for Patricia Day and the HorrorPops. For one, who else has a decorated bass? And two, it’s no fun to root for Barbie. In any event, let’s hope that the publicity from this suit will help Ms. Day sell some more records.
The complaint can be found here.
(For those who are hearing impaired, the lyrics can be found at this link.)