Q: I want to start a business and want to put “Barbie” in the LLC name. Specifically Bartender Barbie.
I want to start a business and want to put “Barbie” in the LLC name. Specifically Bartender Barbie, a business where I go bartend events, parties, etc. I myself am blonde and have pink bar tools which is how the nickname was born. I want to make sure there would be no infringement since I am not doing anything related to toys, dolls, or the movie that could eventually get me and a new business in trouble with Mattel’s lawyers.
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A:
Using the name "Barbie" in your LLC, especially in a way that might reference the iconic doll brand owned by Mattel, can raise serious legal issues. Mattel holds strong trademark rights over the "Barbie" name and has been known to enforce these rights vigorously, even in businesses that don’t directly relate to toys or dolls. Just because your business isn't in the toy industry doesn’t mean you are free from potential claims of trademark infringement.
Trademark law protects not only against direct competition but also against the likelihood of confusion. Even if your business involves bartending and events, people could associate "Bartender Barbie" with Mattel's Barbie brand due to the name's popularity and cultural relevance. This could cause confusion among customers and would likely draw attention from Mattel’s legal team.
To avoid costly legal disputes, it would be wise to choose a different name that doesn’t include "Barbie" or other trademarked terms. You can still create a brand that reflects your style and personality without risking infringement issues.
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