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Trady
14 March 2017 • 19 min read
Happy 58th Birthday Barbie! March 9, 1959 marks the date that Barbie was introduced to the world at the American Toy Fair in New York City.
In the mid-1950s Ruth Handler conceived the idea of an adult-bodied doll. Handler noticed that her daughter, Barbara, enjoyed personifying paper dolls yet doll figurines were virtually non-existent. Realizing a gap in the market, Handler suggested the idea of a Barbie doll to her husband, Elliot Handler. (Who just so happened to be the co-founder of the Mattel toy company.)
Barbie’s potential for popularity initially had many skeptics. Even Ruth’s own husband and Mattel’s board of directors were unenthused about the doll’s earning potential. However, it wasn’t long until Barbie proved them all wrong.
oday Mattel still holds the Barbie monolith. And not only is Barbie Mattel’s best-selling doll, and one of the most popular toys in American history, but she is the best-selling doll of all time. Mattel has sold more than 1 billion Barbie dolls in over 150 countries. Even with a recent decline in sales over the past few years, Barbie consistently rakes in over $1 billion annually for toymaker Mattel. Not too shabby for a doll whose earning potential was initially scoffed at.
Since 1959, Barbie has taken on many different roles. She’s an aerobics instructor, a teacher, a doctor, a paratrooper, a firefighter, an astronaut, a paleontologist, a chef, a ballerina, a rapper, a business executive, a news anchor, a pilot, a veterinarian, and just about every other career you can think of. She’s definitely a woman of many hats, with high heels to match.
Mattel, Inc. is extremely proactive in filing trademark applications. In the last decade Mattel has consistently ranked in the top five companies that file the most trademark applications in the United States. (Trademarkia’s trademark search engine provides over 18,000 record results for Mattel’s trademark applications!) Mattel’s actions of filing so many trademark applications exemplifies that Mattel recognizes the value and importance in trademark registration.
Mattel understands that its trademarks are some of its most valuable assets. And with a top-earning brand like Barbie it only makes sense they are going to vigorously protect their Barbie trademarks in order to ensure that no one is infringing on their valuable intellectual property. Because failing to enforce a trademark can seriously hurt their profitability and brand. It has been a long time trademark myth that Mattel has trademark protection of “barbie pink.”
(They don’t. But Mattel definitely tried to! Mattel filed for trademark registration for “BARBIE PINK” for “Class 28: TOYS, GAMES AND PLAYTHINGS, NAMELY, DOLLS, DOLL CLOTHING AND DOLL ACCESSORIES; DOLL FURNITURE; DOLL HOUSES AND ACCESSORIES THEREFOR” in April 2008 but never received trademark registration and eventually abandoned their application.)
The goods and services covered by the many BARBIE trademark registration applications are all across the board. Some of those goods and services are: COMPUTER HARDWARE; TABLET COMPUTERS; RESTAURANT SERVICES, CAFE SERVICES; SHOES; GREETING CARDS; BANDAGES FOR SKIN WOUNDS; FACIAL TISSUES AND STICKERS FOR FINGERNAILS; COLOGNE, BUBBLE BATH, HAIR SHAMPOO; and SERIES OF BOOKS AND PRINTED ARTICLES-NAMELY, [DICTIONARIES,] STORYBOOKS, COLORING BOOKS, AND PRINTED PUZZLES
I would be remiss to discuss BARBIE trademarks without mentioning the most notorious Barbie trademark infringement case, Mattel, Inc. v. MCA Records, Inc.. In Dec. 2000, Mattel sued MCA Records, stating MCA musical group “Aqua” had violated its Barbie trademark with their song “Barbie Girl.” The song reached the US Billboard Hot 100 and poked fun at Barbie. Mattel said the song’s lyrics were overwhelmed with sexual innuendo and would harm the value of its Barbie trademark.
Mattel moved for an injunction against MCA charging that the song recording (1) infringed Mattel’s BARBIE trademark and (2) diluted the value of the BARBIE trademark. However, the U.S. 9th Circuit Court of Appeals denied Mattel’s motions. Ultimately the U.S. 9th Circuit Court of Appeals held the song was a parody that lampooned the Barbie image and was protected under the 1st Amendment of the U.S. Constitution.
Barbie, since its inception in 1959, has become a cultural icon, taking on various roles and becoming the best-selling doll of all time. Despite initial skepticism, Barbie's success is undeniable, with Mattel selling over 1 billion dolls worldwide. Mattel's proactive approach to trademark protection has been crucial in maintaining Barbie's brand value. The company's extensive range of trademark applications covers a wide array of goods and services, demonstrating the brand's versatility. Despite controversies, such as the 'Barbie Girl' infringement case, Barbie's popularity remains unscathed, proving that life in plastic can indeed be fantastic.
AUTHOR
Meet Trady, Trademarkia's AI "Creative Owl" and the whimsical author behind our blog. Trady isn't just any virtual writer; this lively owl combines inventive wordplay with a deep understanding of trademark law. By day, Trady dives into the latest trademark filings and legal trends. By night, it perches high, sharing trademark wisdom and fun facts. Whether you're a legal expert or a budding entrepreneur, Trady's posts offer a light-hearted yet insightful journey into intellectual property. Join Trady and explore trademarks with wisdom and playfulness in every post!