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Mattel Attacks mattl.com

Posted by michael on from the another-one-bites-the-dust dept.

Shrug. Headline says it all. Mattel (you know, the company that makes Cyber Patrol) is now sending out cease-and-desist orders to domains that, you know, sorta resemble their name. Sorta. In a way.

Once upon a time, trademarks were useful to prevent consumers from being confused about the origin of goods or services. Not any more. Now they're weapons, pure and simple. mattl.com is a weblog. Doesn't sell toys. Doesn't try to pretend it's actually Mattel Inc. But hey, sending scary legal letters is cheap. Extra: Aminal sends a pointer to a story, though it doesn't have any details.

4 of 18 comments (clear)

  1. "sorta resemble" is "likelyhood of confusion" by Seth+Finkelstein · · Score: 3
    What's new is the extensive application, not the doctrine itself. Also dilution.

    See A Primer on Trademark Law and Internet Addresses

    - the Boston Lunatic

    1. Re:"sorta resemble" is "likelyhood of confusion" by Lord+Kano · · Score: 3

      I'm not sure about this. I remember about ~7 years ago when a company started making men's underwear under the name of Body Action Design (BAD) and they were sued by the BVD people, the judge found that the more popular or dominant a name is in a field the less chance there will be of consumer confusion by a similar name. Gel-E Gelatin couldn't be confused with that other gelatin because of that other brand's market dominance.

      If you know what I mean by "that other gelatin", you've just proven me right.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
  2. You missed alot. by www.sorehands.com · · Score: 2
    They also went after Barbie Benson (http://www.barbiebenson.com).

    Then of couse, Mattel sued a lawyer that handled a case against Mattel for libel.

    Did anyone notice, most of Mattel's lawsuits are against little guys? Am I wrong about it?

    --
    Fight Spammers!
  3. Barbie Girl by luckykaa · · Score: 2

    Didn't they also go after Aqua over the Barbie Girl song

    Yes, but MCA fought the battle. The judge ruled it was a parody. Also threw out a countersuit by MCA. Reference here

    And the RIAA and Mattel clashed and the sounds of battle were heard across continents.