Mattel has filed a lawsuit in opposition to a Washington, DC-based political podcaster – claiming bizarrely that audiences would possibly mistakenly affiliate his present with its Barbie franchise, The Put up has discovered.
The toy large has lodged a grievance with the US Patent and Trademark Workplace over “Espresso 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 visitors 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 attempt to focus our matters on the intersection of the general public, non-public and social influence sectors,” mentioned Biberaj, noting that the present now boasts 20,000 viewers per episode and hosts dwell occasions that may draw upwards of 200 attendees.
“I don’t suppose anybody anticipated a doll to interview a governor,” Biberaj informed The Put up.
Nonetheless, Mattel insists that “Espresso with Ken” might 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 photographs — as proof of potential confusion.
It’s “extremely possible {that a} client will consider that [Coffee with Ken] could possibly be the identify of or associated to a Ken line” of dolls, Mattel claimed in its submitting.
The Ken Barista doll is listed as discontinued on the official Barbie website, though it’s nonetheless obtainable 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 “Espresso with Ken” would “harm” 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 huge, deep-pocketed company dad or mum is solely attempting to push him round.
“My precise identify is Ken,” Biberaj informed The Put up. “Mattel shouldn’t have the ability to block my trademark due to a doll.”
Authorized specialists say Mattel could be overreaching.
“Mattel might have issue sustaining its opposition,” mentioned trademark legal professional Brad Rose of Pryor Cashman LLP. “These are vastly several types of items and audiences.”
Biberaj’s legal professional, Angela Gasperini Shin, known as Mattel’s go well with a traditional case of “trademark bullying.”
“They will’t personal the identify Ken exterior of dolls and toys,” she mentioned.
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Mattel is a fierce protector of its logos.
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 Woman — a case the Supreme Court docket refused to listen to in 2003.
Extra just lately, Mattel squared off in opposition to Burberry, claiming its BRBY trademark sounded too near Barbie. Burberry ultimately caved and dropped the applying.
The “Espresso 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 “Espresso with Ken” combat, citing “pending litigation.”
