College basketball star – Angel Reese – has been denied trademark over her nickname – Bayou Barbie.
The name derives from her fanbase who adored her feminine touch to the game. Reese often plays with lash extensions, long hair, and colourful nails.
Ratio Decidendi
The US Trademark and Patent Office (USTPO) denied Reese’s application this past November – deciding Reese could not own the commercial rights to the name’s exclusive use.
The USTPO determined that the term – Bayou Barbie – would create a ‘likelihood of confusion’ for customers. The office stated that consumers might mistake Reese’s products for those made by Mattel due to the use of the term “Bayou Barbie” on clothing merchandise, which overlaps with the items produced under the Barbie brand. These items include jackets, dresses, bathing suits, and t-shirts.
Response by Reese
Reese’s legal team decided not to challenge the denial after the 90-day period to appeal had passed. They made the business decision to abandon the trademark application to avoid unnecessary conflict with Mattel.
Mattel’s Role
Unequivocally, this decision was spearheaded by Mattel. Reports indicate the entertainment giant was instrumental in the USTPO’s decision to deny the application. The company strongly protects the Barbie brand and is not new to the courtroom.
In the late 90s, Mattel attempted – but failed – to sue Aqua over their hit song “Barbie World” for unauthorized use over the use of the trademarked word, Barbie. Claiming listeners would mistakenly believe Mattel were the producers of the raunchy tune.
Final Thoughts
Although I am a fan of Angel Reese’s style-of-play – I agree with the decision made in this case.
My knowledge of IP law is minimal, however, I have recently learned about longevity. The nickname “Bayou Barbie” has not be around long enough for a layperson to automatically associate it with Angel Reese. She just began her rookie season, and is slowly starting to make a name for herself.
I believe that she should have waited until she was about 5 years into her professional career. This would have maximized her success before the USTPO.
