Mattel Fights Burberry Trademark Over Supposed Associations With Barbie
Photo 179611971 © Giorgio Rossi | Dreamstime.com
Barbie’s good name is being toyed around by Burberry, the doll’s maker claims.
Last July, the British luxury label applied to trademark a vowel-less wordmark reading “BRBY” with the US Patent and Trademark Office (USPTO), with the intention of using it across apparel and leather goods, The Fashion Law reports.
Despite the sea of pink from the hype around Margot Robbie’s Barbie movie and a growing fascination with “Barbiecore,” this attempt didn’t get lost in the flurry and somehow made its way to the attention of Mattel. On June 26, the toymaker officially opposed the use of the wordmark, after several requests to the Trademark Trial and Appeal Board (TTAB) to give it more time to prepare an argument.
A trademark battle has begun between Barbie and Burberry.
— Josh Gerben (@JoshGerben) June 28, 2023
Barbie manufacturer, Mattel, has taken legal action to block a trademark filed by Burberry for "BRBY."
Mattel is claiming that "BRBY" is too similar to its Barbie trademarks.
A thread 🧵#Barbie #burberry pic.twitter.com/G9PuQrqae7
Mattel said that since introducing its line of dolls in 1959, it has established the Barbie brand as “one of the most recognizable” in the world. And due to the years of reputation Barbie has built, it has also acquired “extensive common law rights” to Barbie and Barbie-related trademarks.
The toy company argued that without any vowels “to guide pronunciation,” Burberry’s ‘BRBY’ mark could be read in a way that’s “phonetically identical to BARBIE.” It also highlighted that there were “appearance, sound, and commercial” similarities from the unauthorized wordmark.
As such, Mattel asserted the fashion branding may confuse consumers, who might get the impression that ‘BRBY’ goods are “a subset or expansion” of the Barbie franchise.
Furthermore, Burberry’s registration details an intent to apply the wordmark across products like clothing, handbags, overnight bags, luggage, headwear, and footwear—categories that “directly overlap” with goods that carry the Barbie trademark, said Mattel.
The Barbie owner also accused Burberry of “intentionally” making an association with the famous Barbie brand, and it urged the trademark appeal board to reject the proposed Burberry mark over concerns of “dilution.”
[via The Fashion Law and Reuters, images via various sources]
