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Mattel Loses Trade Mark Battle with 'Barbie'!

Written by Daniel Doherty on 25 July 2005

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Mattel has recently lost a legal battle over the name ‘Barbies (sic) Shop’, a shop which sellsCanadian leather, rubber and fetish wear. The shop is run by a woman who says that she has always been known by the name ‘Barbie’. This adds to a chain of trade mark infringement cases the toymaker has lost recently.

According to reports ‘Barbies Shop’ sells “Custom clothing and hot brands for bad boyz and girls”.

The shop is found at www.barbiesshop.com which is run from Calgary. The owner of the shop isBarbara Anderson-Walley, who claims  that she is known simply as ‘Barbie’ since her days at school. ‘Barbie’ (that’s the lingerie one) has been designing clothing for some 14 years. However the website has only existed for approximately 12 months. 

Anderson-Walley told the Sun last week after hearing that Mattel’s case was dismissed “This is thrilling. As a little guy with no money, I thought I didn’t have a hope.” 

Things went badly for Mattel when it decided to issue proceedings in New York. Its case was subsequently dismissed after it was found that it did not have jurisdiction in Canada.

Of course we cannot forget that in 2003 a US appeals court found that there was no infringement of Mattel’s trade mark when the popular doll was photographed naked and stuffed inside an oven/blended. It was merely a satire/parody.

In fact that same year the US Supreme Court refused to hear Mattel’s appeal concerning its lawsuit in 1997 over the pop hit ‘Barbie Girl’. In this case the record label MCA had managed to convince the court that Aqua (the band) had written a humorous track on cultural values!

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