Lawyer Barbie Says "Don't Mess With Pink!"
Newsflash! Barbie wears pink. She is pink personified! I doubt this is a surprise to anyone who has seen the movie this summer. Or anyone who has seen the iconic doll since 1959 when it was released. Or anyone with 4 daughters, like myself. You might assume that Mattel, Inc. has locked down registration rights in the color pink, but you would be wrong. That doesn’t mean that Mattel does not have the right to prevent competitors from using pink. They mean business when it comes to protecting their brand.
Brand protection (Trademark) rights start when you use a brand. These rights are maintained as long as you continue using the brand and keep others from doing the same. You can enhance your rights by getting a registration, but it is not required. (NB: it is common sense to get a registration for important brands when possible.)
Barbie Isn’t Quite
Tickled Pink
As mentioned, Barbie has been adorned in pink for decades. Marketer Barbie ensures that pink is more than a color she wears, it’s the color of the packaging all around her, e,g. boxes, cars, dream houses, etc. This long-standing and consistent use has allowed the public to associate this color with Mattel. (If you want proof, look at the large billboards that are entirely pink except for the film’s release date of “July 21” written in white.)
Additionally, Mattel hired lawyer Barbie many times to enforce these rights. She has sued the rock band that released “Barbie World” and the company that offered “Barbie Q” snack foods. Pink is a very used, very valuable and very policed brand. Any competitor trying to use pink, and anyone who appears to be using her goodwill will be shut down. Beware the Pink Mafia!
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