Mattel has filed a lawsuit towards a Washington, DC-based political podcaster – claiming bizarrely that audiences may mistakenly affiliate his present with its Barbie franchise, The Submit has realized.
The toy large has lodged a criticism with the US Patent and Trademark Workplace over “Coffee with Ken,” a YouTube present hosted by Ken Biberaj, a DC-based actual property government and former chair of the Manhattan Chamber of Commerce.
The bi-monthly podcast – which options friends like Sen. Joe Manchin, billionaire David Rubenstein, Illinois Gov. JB Pritzker and “Hamilton” star Leslie Odom Jr. – was granted preliminary approval for a trademark in 2023.
“We strive to focus our topics at the intersection of the public, private and social impact sectors,” stated Biberaj, noting that the present now boasts 20,000 viewers per episode and hosts reside occasions that may draw upwards of 200 attendees.
“I don’t think anyone expected a doll to interview a governor,” Biberaj advised The Submit.
Nonetheless, Mattel insists that “Coffee with Ken” may create confusion about whether or not it’s related to Barbie’s squeaky-clean, beach-loving boyfriend, in response to court docket papers.
Particularly, the El Segundo, Calif.-based firm factors to its Ken Barista doll — a hipster with a person bun and an apron who pulls good espresso pictures — as proof of potential confusion.
It’s “highly likely that a consumer will believe that [Coffee with Ken] could be the name of or related to a Ken line” of dolls, Mattel claimed in its submitting.
The Ken Barista doll is listed as discontinued on the official Barbie web site, though it’s nonetheless out there at Walmart.com.
Mattel — nonetheless driving excessive on the blockbuster “Barbie” film the place Ryan Gosling performed a singing, rollerblading model of its beloved Ken — filed its objection in Could, insisting “Coffee with Ken” would “damage” the model.
In the meantime Biberaj, who ran for New York Metropolis Council in 2013 and whose household owns the long-lasting Russian Tea Room in Midtown Manhattan, claims Barbie’s massive, deep-pocketed company mum or dad is just attempting to push him round.
“My actual name is Ken,” Biberaj advised The Submit. “Mattel shouldn’t be able to block my trademark because of a doll.”
Authorized consultants say Mattel may be overreaching.
“Mattel could have difficulty sustaining its opposition,” stated trademark legal professional Brad Rose of Pryor Cashman LLP. “These are vastly different types of goods and audiences.”
Biberaj’s legal professional, Angela Gasperini Shin, known as Mattel’s go well with a traditional case of “trademark bullying.”
“They can’t own the name Ken outside of dolls and toys,” she stated.
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Mattel is a fierce protector of its emblems.
The corporate beforehand battled a Bronx entertainer over his “Blac Ken” moniker and famously tried to sue the band Aqua over their raunchy ‘90s hit Barbie Lady — a case the Supreme Courtroom refused to listen to in 2003.
Extra just lately, Mattel squared off towards Burberry, claiming its BRBY trademark sounded too near Barbie. Burberry ultimately caved and dropped the appliance.
The “Coffee with Ken” case is in discovery and can ultimately go earlier than a trademark appeals court docket except its settled.
Mattel declined to touch upon the “Coffee with Ken” struggle, citing “pending litigation.”
