the phrase. Mattel sued a record label for use of the title"Barbie Girl", and lyrics that offended Mattel in a song 10 In these and other cases, a likelihood of consumer confusion seems remote, and trademark law would seem an unwieldy weapon. However, it has increasingly become the weapon of choice for those seeking to control corporate and product image. At the same juncture, the explosion of computer technology and the rise of the Internet have created a surge in litigation, legislation, and academic commentary about the future of intellectual property ("IP")protection in cyberspace. New technologies and the Internet have profoundly impacted every area of IP, including copyright, patent, 2 trade secret the right of publicity 4and trademark law. In the realm of trademark law Michael Buffer, the boxing announcer, has trademarked the phrase " Are You Ready to Rumble"and sued a record company that released a sound recording containing the phrase. See Buffer v. Auerus Record CV97-9332 RAP(C D Cal. 1997). The phrase has purportedly generated $150 million in licensing fees for Buffer, who has admittedly instituted"maybe over one hundred"actions regarding the phrase. See Andrew Chang, Squeezing Millions from a Phrase: How a Few Words in Right Hands Can Mean a Fortune, abcnews.go. com/sections(April 11, 2002) Mattel, Inc. v. MCA Records, Inc, 296 F 3d 894(9 Cir. 2002). Mattel gained a bit of infamy by seeking an injunction under trademark infringement and dilution theories against the distributors of the the Ninth Circuit Court of Appeals both rejected Mattel's trademark infringement and dilution claims. Not content to lose at both the trial and appellate level, Mattel has filed a petition before the Supreme Court to overturn the lower courts rulings. The Supreme Court declined to hear Mattel's appeal See e. g, Trotter Hardy, Copyright and"New Use"Technologies, 23 NOVA L REV. 659(1999)(noting that"today's copyright concerns often center on the new digital technologies, especially the Internet. " See e.g., Jason R. Berne, Court Intervention But Not in a Classic Form: A Survey of Remedies in Internet Trademark Cases, 43 ST LOUIS U. LJ 1157, 1158(1999) s See e. g, Note, Bruce T Atkins, Trading Secrets in the Information Age: Can Trade Secret Law Survive he Internet? 1996 ILL. L REV.1151(1996) 14 See e.g, Joseph J. Beard, Casting Call at Forest Lawn: The Digital Resurrection of Deceased EntertainersA 2/ Century Challenge for Intellectual Property, 8 HIGH TECH LJ(1993). See also eah Phillips Falzone, Note, Playing the Hollywood Name Game in Cybercourt: The Battle Over Domain Names in the Age of celebrity-Squatting, 21 LOY. L.A. ENT. L rEV. 289(2001(exploring domain name disputes over celebrity identity)3 the phrase.9 Mattel sued a record label for use of the title “Barbie Girl”, and lyrics that offended Mattel in a song.10 In these and other cases, a likelihood of consumer confusion seems remote; and trademark law would seem an unwieldy weapon. However, it has increasingly become the weapon of choice for those seeking to control corporate and product image. At the same juncture, the explosion of computer technology and the rise of the Internet have created a surge in litigation, legislation, and academic commentary about the future of intellectual property (“IP”) protection in cyberspace. New technologies and the Internet have profoundly impacted every area of IP, including copyright,11 patent,12 trade secret13 the right of publicity,14 and trademark law. In the realm of trademark law, 9 Michael Buffer, the boxing announcer, has trademarked the phrase “Are You Ready to Rumble” and sued a record company that released a sound recording containing the phrase. See Buffer v. Auerus Records, CV 97-9332 RAP (C.D. Cal. 1997). The phrase has purportedly generated $150 million in licensing fees for Buffer, who has admittedly instituted “maybe over one hundred” actions regarding the phrase. See Andrew Chang, Squeezing Millions from a Phrase: How a Few Words in Right Hands Can Mean a Fortune, abcnews.go.com/sections (April 11, 2002). 10 Mattel, Inc. v. MCA Records, Inc., 296 F.3d 894 (9th Cir. 2002). Mattel gained a bit of infamy by seeking an injunction under trademark infringement and dilution theories against the distributors of the song “Barbie Girl” by the musical group Aqua, objecting to lyrics which included the phrases “I’m a blond bimbo girl in a fantasy world…. you can brush my hair, undress me everywhere.” The District Court and the Ninth Circuit Court of Appeals both rejected Mattel’s trademark infringement and dilution claims. Not content to lose at both the trial and appellate level, Mattel has filed a petition before the Supreme Court to overturn the lower court’s rulings. The Supreme Court declined to hear Mattel’s appeal. 11 See e.g., Trotter Hardy, Copyright and “New Use” Technologies, 23 NOVA L. REV. 659 (1999)(noting that “today’s copyright concerns often center on the new digital technologies, especially the Internet…”). 12 See e.g., Jason R. Berne, Court Intervention But Not in a Classic Form: A Survey of Remedies in Internet Trademark Cases, 43 ST. LOUIS U. L.J. 1157, 1158 (1999). 13 See e.g., Note, Bruce T. Atkins, Trading Secrets in the Information Age: Can Trade Secret Law Survive the Internet? 1996 ILL. L. REV. 1151 (1996). 14 See e.g., Joseph J. Beard, Casting Call at Forest Lawn: The Digital Resurrection of Deceased Entertainers—A 21st Century Challenge for Intellectual Property, 8 HIGH TECH. L.J. (1993). See also, Leah Phillips Falzone, Note, Playing the Hollywood Name Game in Cybercourt: The Battle Over Domain Names in the Age of Celebrity-Squatting, 21 LOY. L.A. ENT. L. REV. 289 (2001)(exploring domain name disputes over celebrity identity)