AdAge Quotes Josh Gerben Regarding Mattel’s Attempt to Block Burberry’s ‘BRBY’ Trademark Application

Barbie manufacturer, Mattel recently filed a Notice of Opposition against a trademark application filed by Burberry. Mattel claims the trademark, “BRBY,” is phonetically identical to its Barbie brand, especially as there are no vowels to guide the pronunciation of the word.

AdAge spoke to trademark attorney Josh Gerben about Mattel’s brand protection strategy. 

While Mattel’s claim of “similarity in sound” is slightly unique, this case highlights an overall trend in trademark protection strategy, says Josh Gerben, founder of Gerben Perrott, PLLC.

“Big brands are cognizant of the need to keep more ‘elbow room’ around trademark registrations given how crowded the marketplace has become,” Gerben wrote in an email, noting that “the more similar trademarks that are registered to a particular mark, the smaller the overall zone of protection becomes.”

Source: Pasquarelli, Adrianne. “Barbie-Maker Mattel Tries To Block Burberry’s ‘BRBY’ Trademark Application”. 28 June 2023.

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