Mattel Sues Political Podcaster Over Trademark Concerns
Mattel has decided to take legal action against a political podcaster based in Washington, D.C. This seems to stem from concerns that the podcaster’s show could be confused with its Barbie brand.
The toy company has filed a complaint with the US Patent and Trademark Office regarding “Coffee with Ken,” a YouTube podcast hosted by Ken Biberaj, a real estate executive and former president of the Manhattan Chamber of Commerce.
Launched bimonthly, the podcast features notable guests, including Senator Joe Manchin, billionaire David Rubenstein, Illinois Gov. J.B. Pritzker, and “Hamilton” star Leslie Odom Jr. It received pre-approval for a trademark in 2023.
Biberaj shared that the focus of the podcast is on the intersection of public, private, and social impact sectors, claiming it reaches a viewership of around 20,000 per episode and can attract over 200 attendees for live events.
“I mean, who really expects a doll to have a chat with a governor?” he responded when addressing the situation.
However, Mattel argues that the name “Coffee with Ken” could create confusion about its relationship to Biberaj’s show and Barbie’s boyfriend, Ken. The company specifically points to the Kembarista doll, designed with a man bun and apron, serving espresso as an example of potential overlap.
Despite the Ken Barista Doll being marked as deprecated on the official Barbie site, it can still be found on Walmart’s website.
In May, Mattel challenged the podcast, arguing that “Coffee with Ken” could harm its brand, especially considering the success of the recent Barbie film featuring Ryan Gosling as Ken.
Biberaj, who previously ran for a seat on the New York City Council and is known for owning the well-known Russian Tea Room, claims that the corporation is merely trying to stifle him.
“My real name is Ken,” he stated. “They can’t block my trademark on account of the doll.” Legal experts suggest that Mattel might be overreaching.
Trademark attorney Blood Rose commented that maintaining opposition could be challenging for Mattel given the different nature of the products and audiences involved. Biberaj’s lawyer, Angela Gasperini Shin, labeled Mattel’s lawsuit as a classic example of “trademark bullying,” asserting that the company can’t claim ownership of the name Ken beyond dolls and toys.
Mattel has a history of rigorously protecting its trademark. The company has engaged in disputes over names like “Blac Ken” and previously attempted to challenge the band Aqua over their hit “Barbie Girl” from the ’90s.
More recently, the company faced off against Burberry, claiming a trademark was too similar to Barbie, which led to Burberry dropping its application.
The case involving “Coffee with Ken” is currently under review and will eventually be brought before the Trademark Appeal Court unless a settlement is reached. Mattel has refrained from commenting, citing ongoing legal matters.
