A doll maker who was taken to court by toy giant Mattel after selling kinky versions of Barbie has won a preliminary ruling

British-based Susanne Pitt was prosecuted in New York for sale of a 'dungeon doll' made with the head of 'Superstar Barbie'.

Mattel said it infringed its copyright. But Judge Laura Taylor Swain ruled in favour of the S&M doll because she found it wasn't "a market substitute for Barbie dolls."

"To the court's knowledge, there is no Mattel line of S&M Barbie," the judge said.

Pitt, who defended herself, offered the dungeon doll for sale on a Web site, which she closed down after Mattel launched its action last year.

She allegedly attached big breasted doll bodies of her own making to the head of Superstar Barbie and publicised the doll in a sexually explicit story on the Web site.

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