News of Intellectual Property

21.07.2005 - Barbie tops Mattel in name tiff

It was a case of David vs. Goliath, only with leather and bondage gear.

The owner of Barbies Shop - a downtown novelty store - has won her court battle against American toy giant Mattel, who accused her of capitalizing on their trademark name Barbie.

Barbie Anderson-Walley said she was ecstatic to learn Tuesday the case had been dismissed by a New York judge.

"This is thrilling," she said. "As a little guy with no money, I thought I didn`t have a hope."

When the lawsuit came across her desk about a year ago demanding she change her store`s name, Anderson-Walley said she was sure she would lose her business.

"I don`t have the deep pockets they do, and I couldn`t afford the court case," she said.

"My name is Barbie.

"I didn`t call myself that, my mom did."

Anderson-Walley said she was baffled when the lawsuit was launched and initially believed it was all just a joke.

Her store, which sells clothes for "bad boyz and girls," such as stripper wear, gothic, leather and latex outfits including bondage gear, has nothing to do with Barbie dolls, or any dolls whatsoever, Anderson-Walley said.

"I said, `Show me where I`m breaking their profit margin.`"

Anderson-Walley hired a New York attorney specializing in trademark law to help her with the case.

Although the case was dismissed, it will still cost her $11,000 in lawyer`s fees, she said.



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