You Ken Be Anything, Except Barbie

Allison Hester discusses Barbie manufacturer Mattel’s litigation history in an article published on October 2, 2023, in Managing IP. The article explains the important trademark lessons brands can learn from the toy company and provides guidance on how trademark owners can monitor their trademarks to defend intellectual property. 

“It is crucial to have a robust monitoring system in place to ensure that potentially infringing trademark applications are caught early,” Hester explains. “The longer an owner waits to oppose a filing, the worse their position to resolve the infringement will become, due to perception that they were sitting on their laurels and their rights.” 

Hester further provides guidance on how to monitor and defend trademarks and explains what to do if you suspect someone is attempting to infringe on your property. 

“First, consult an attorney to determine whether the other mark is truly infringing and to decide on a plan. The likely opening move will be to send a cease-and-desist letter. This should inform the infringer of your rights, explain why you believe their mark infringes, detail the negative effects that you think their mark will have on your own, and request that they stop using the infringing mark and remove it from all marketing materials, websites and social media.” 

Read the full article in Managing IP.