Anyone familiar with IP law?

[Lauren8211]

I''m not looking for actual legal advice here, and anything you say will not be considered as such.

I''m just curious about what my FF''s company is doing, as it seems quite shady!

They''re starting to sell a "Limited Time Only" product to support Breast Cancer, by making the product in pink, and they''re also labelling this product that''s pink by associating with Barbie, and they will be mentioning Barbie and the Breast Cancer npo on the website. They say money will be donated to breast cancer research.

How much trouble can they get into by using these two things without permission? I''m almost afraid to ask...

 

[CNOS128]

I knew I should''ve taken Trademarks!
Pretty sure that''s an infringement.

 

[jcarlylew]

trademark infringement, especially if they are making any profit. unless of course they have written permission. which i doubt. Matel DOES NOT give up barbie pink. EVER.


woohoo!! 2 years of college put to use!!!!

 

[Hudson_Hawk]

Yea, big issues here....

 

[~*Snow*~]

Matel is VERY protective of their brand.

One of the first cases i learned in IP law
http://www.canlii.org/eliisa/highlight.do?text=barbie&language=en&searchTitle=Search+all+CanLII+Databases&path=/en/ca/scc/doc/2006/2006scc22/2006scc22.html

short desc: The BARBIE doll is said by the appellant toy manufacturer to be an iconic figure of pop culture. The appellant opposes the respondent’s application to register its “Barbie’s” trade‑mark and a related design in association with “restaurant services, take‑out services, catering and banquet services” on the basis that some marks are so famous that “marks such as . . . BARBIE may not now be used in Canada on most consumer wares and services without the average consumer being led to infer the existence of a trade connection with the owners of these famous brands”.