Should Mattel’s Barbie Sue Nicki Minaj for Trademark Infringement?

In Fashion Law by FASHIONENTLAW™

Law student and publisher of  Fameappeal.com wants to know why Barbie has not sued Nicki Minaj for Trademark infringement?

“I do not understand how Mattel has not taken legal action against Minaj for trademark infringement. Where are you Mattel? Nicki Minaj has used the Barbie trademark in jewelry, album design and even artist label. I found absolutely no lawsuit, or legal complaint against Nicki Minaj. . .”

I think FameAppeal raises a valid point. But, from a marketing and PR tactic on Mattel’s part, why sue when Nicki Minaj is giving them amazing and free publicity? Plus, Fame Appeal’s statements assumes Minaj and Mattel do no have some sort of licensing agreement that permits Minaj’s use.

Back to the publicity point, for fashion brands, it is not always about quickly filing a complaint and instituting a lawsuit. Many times, from a cost benefit analysis, and publicity standpoint, if it ain’t hurting your brand, you can bypass a lawsuit, until later. . . 🙂 *In Arnold’s voice, “What’chu looking at?” (RIP Gary Coleman). I am a lawyer, you know. :)*

In this instance, if Mattel was to sue, I am uncertain that a trademark infringement suit against Nicki Minaj would pass the “likelihood of confusion” test which remains central in trademark litigation suits.

Are hip-hop fans in any way confused with Nicki Minaj’s brand and that of Mattel’s Barbie? I think not. Do little girls or their parents, who purchase Barbie dolls, confuse, in any shape or form, their dolls with Nicki Minaj? I really think not. For UDUAK LAW FIRM analysis on Trademark Infringement using the Chris Aire law suit, click here.

Mattel does bite hard when it comes to trademark suits. Case in point is the Bratz v Barbie lawsuit. Mattel won $100million for infringement. Yikes!

MATTEL V. BRATZ LAWSUIT

MATTEL’S BLACK BARBIE

Photocredit: FameAppeal.com

Cheers,
Uduak

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Fashionentlaw™ is the brainchild of Uduak Oduok (Ms. Uduak), an ex-fashion model and industry veteran turned Fashion and Entertainment lawyer. The law blog discusses hot topics in pop culture arising primarily out of the fashion industry.

As a legal practitioner, Ms. Uduak has seventeen years of experience counseling individuals and businesses within and outside the creative community. She has counseled designers, apparel manufacturers, models, photographers, retailers, graphic designers, musicians, public relations specialists, and athletes, among others, on diverse legal issues including business formation, licensing, trademark and copyright matters, contracts, intellectual property and contract disputes.

To arrange a consultation to discuss your case, contact her today at 916-361-6506 or email (uduak@ebitulawgrp.com).

Full bio: Ms. Uduak Bio/
Twitter @uduaklaw

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