Authored By Haviland Macy Marie Kebler Esq. & Aidan Hickey, J.D.
Only every so often does a brand make such an impact that different generations of people can attach different emotions, feelings, memories and impacts to a particular product. Because in order to accomplish this over such a long period of time the product must be innovative, creative and continue to evolve over time so that it can continue to make impacts on new generations of thinkers. It is the epitome of success in brand creation when a brand spans generations and is still relevant far after its introduction.
One product which has continued to dominate the market and has made another massive resurgence in 2023, is Barbie. Intellectual Property protection is key for all brands, but especially when a brand is as ubiquitous as “Barbie.”
The “Barbie” doll first hit the shelves in 1959 and was designed by Ruth Handler and Elliot Handler who were the creators of the toy company Mattel, Inc. Mattel has transcended time and is still one of the most recognizable brands throughout the world. With the popularity that Barbie has received, Mattel has become one of the largest protectors of its Brand. Mattel currently has over Seventeen Hundred (700) live Federal Trademarks, including Applications or Registrations filed with the United States Patent and Trademark Office and of these Seventy-Six (76) incorporate the term “Barbie” in some fashion.
Not only interested in brand protection, Mattel also will enforce its Marks, taking on other large companies. As an example, Mattel filed an opposition against “BRBY” the proposed trademark by Burberry Group. Mattel argues that it is likely to bring about confusion, or in other words make individuals believe that “BRBY” is in some way connected or associated with the famous Barbie doll. In addition to the similar letters in the two marks, Mattel is likely also concerned that individuals will pronounce “BRBY” in a very similar way that “Barbie” is announced. Courts commonly hold that both sound and visual appearances are important factors to consider when determining whether a trademark would infringe on another trademark. With two big brands battling over their Intellectual Property, other brand owners will certainly be paying attention to the outcome of this case.
Barbie, the movie starring well-known actors Margo Robbie and Ryan Gosling, was released a month ago and has been considered a big hit. In the wake of its release, the Barbie aesthetic is making a comeback, recognized by Trademark filings for BARBIECORE and BARBIEDOM. With this movie, the Barbie brand is reaching a new generation and past generations are reminded of the revered brand. From teens to people in their sixties, Barbie has now made an appearance in nearly everyone’s life in some way, shape, or form. From the slumber parties to the pink mansion, to Ken, Barbie has people rushing to the movie theaters to relive some of their favorite “doll” memories. With the popularity of the new movie that has been released, Mattel will surely be on the lookout for anyone trying to profit off of the world’s most iconic doll and the longstanding booming Barbie brand.