The Edmonton Sun reports that the owner of Barbies Shop, an outlet specialising in novelties such as S&M gear has won a trade mark case brought against her by Mattel. Mattel had demanded a change of name for the shop, owned by Barbie Anderson-Walley but the New York District Court decided that this was not necessary.
Ms Anderston-Walley pointed to the fact that this was her given name and that her line of goods was not competing with the toymaker.
The IPKat reckons that this sounds like a prima facie tarnishment case. The link between sadomasochism and doll (at least the sort aimed at children) is not a good one. However, it’s always a bit uncomfortable to shop someone using his or her own name.
It’s not clear whether the EU own name defence covers first names but this case maybe shows why it should – Anderston-Wally’s Shop would be a particularly catchy name.
Thursday, 21 July 2005
Posted by Unknown at 17:40:00