When Barney goes up against the famous chicken, it’s gonna take more than a wing and a prayer to get even.  Everybody knows and loves Barney, and even those who can’t stand looking at him anymore, would acknowledge he’s part of the American scene.  In the words of the Court, his awkward and lovable behavior, good-natured disposition and renditions of songs like, “I love you, you love me” have warmed the hearts and captured the imagination of children around the world.  Ted Jiannoulas is the famous San Diego chicken, a sports mascot that for the past 35 years had jumped, tackled and flattened Barney at ballparks across America.  Barney’s owners finally sued arguing that beating up Barney is harmful to children.  One parent described how his 2-year old was in tears as he said, “chicken step on Barney.”  The famous chicken claimed in defense that Barney is a symbol of the platitudes thrust unthinkingly upon our children, and the Court found the famous chicken Barney battle is a legally acceptable parody.  So the good guy lost this one, but maybe the last year for the famous chicken, and Barney still stands tall and definitely carries a big schtick.

THIS IS NEIL CHAYET LOOKING AT THE LAW™
Lyons Partnership vs. Ted Giannoulas, d/b/a The Famous Chicken, U.S. Court of Appeals Fifth Circuit, 7/7/99, Jolly, J., 1999, W.L. 409585 (5th Cir. Texas)

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