Barbie fever is everywhere. Even at the TTAB.
Mattel, Inc., the maker of the famous Barbie toys, brought an opposition in the TTAB against Burberry’s pending application for “BRBY” arguing that it is likely to cause confusion with Mattel’s “BARBIE” marks.
Burberry, the high-end fashion retailer, known for its iconic brown, black, and red check print, applied to register the mark “BRBY” for use on leather handbags, duffel bags, trunks, suitcases, clothing, and more. While Mattel’s BARBIE mark is often associated with its bright, malibu-pink BARBIE toys and games, Mattel says it doesn’t just use the BARBIE mark on its doll toys—it also uses it on handbags, luggage, apparel, and shoes, “all of which are also proposed to be offered under” Burberry’s application.
argues that Burberry’s “[g]oods, customers, and marketing channels so closely overlap” with Mattel’s goods and services that they are likely to cause confusion. Mattel alleges that the marks are “visually similar” and “phonetically identical.” In addition to trademark infringement, Mattel brought a claim for dilution.
Mattel has been on a media and marketing blitz leading up to the summer debut of the Barbie movie—with reportedly more than 100 brand collaborations under way with everything from Gap t-shirts to Progressive commercials. Mattel filed its opposition on June 26, just a few weeks before the movie's anticipated release.
Time will tell whether Mattel has to make room for BRBY in a Barbie world.