Fashion knows no boundaries, whether it’s the world of humans or dolls, and it plays by no rules. In recent weeks, a captivating case has been the talk of the town, revolving around the captivating realms of ‘fashion’ and ‘IP’ (Intellectual Property). This enthralling narrative features none other than two iconic names in the fashion universe: Barbie and Burberry. As the best-selling doll worldwide, Barbie’s hues of pink have inspired countless generations. And now, with the stars Margot Robbie and Ryan Gosling breathing life into Greta Gerwig’s film ‘Barbie,’ the doll’s influence is set to soar to new heights.
Amidst the glamour, Burberry’s application to register the BRBY trademark with the USPTO in July 2022 stirred quite a stir. However, it seems that Barbie’s parent company, Mattel, was less than thrilled with this development.
The British fashion house’s trademark bore an uncanny resemblance to the iconic Barbie name, potentially causing consumer confusion and riding on Barbie’s well-established fame. Notably, the ‘Barbie’ trademark extends beyond toys to cover clothing and bags, and the brand’s recent resurgence thanks to Greta Gerwig’s film added further significance to the matter.
Taking a stand, Mattel officially filed an opposition with the USPTO in June, aiming to halt the registration of the BRBY mark. Their argument was simple — the public might associate Burberry’s clothing, bags, and accessories with Mattel’s beloved Barbie dolls.
Adding fuel to the fire was the timing of Burberry’s brand launch. As Barbie faced criticism for not epitomizing the modern woman’s ideals, Greta Gerwig’s film came to the doll’s rescue, heralding the #Barbiecore trend. This fascinating trend embraced an ‘all-pink’ style, with celebrities like Megan Fox and Paris Hilton, influencers like Kim Kardashian and Hailey Bieber, and even fashion houses like Valentino embracing the Barbie-esque hues.
Some skeptics couldn’t help but raise an eyebrow at Burberry’s launch timing, given the growing popularity of the #Barbiecore trend. Notably, in the early 2000s, Barbie and Burberry’s love affair resulted in a limited edition doll. However, the recent dispute hints at an apparent rift between the parties. As a result, the sought-after ‘Barbie Burberry’ dolls are now fetching around USD 200 on eBay, delighting savvy collectors.
In a twist of events, the opposition has been suspended, paving the way for negotiations between the two fashion giants. Could a licensing deal be on the horizon? Fashion is a realm of surprises, where ransoms and compromises often reign.
The battle between Barbie and Burberry encapsulates the fascinating interplay of fashion and intellectual property, where trademarks and trends collide. As the world watches the two icons tango, one thing is for certain — fashion remains a dynamic arena that captures hearts, sparks debates, and leaves room for endless possibilities.
Author: Trent V. Bolar, Esq.(Profile); Principal, 8xum IP LLC (Website)
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