Mattel Inc. is taking Rap Snacks to court over their Nicki Minaj-inspired chips. Earlier this summer, Rap Snacks released the “Barbie-Que Honey Truffle” potato chips. Mattel is now suing them for trademark infringement for using “Barbie” trademark without their consent or knowledge.
“The association is so evident that upon seeing the packaging, representatives for Defendant’s celebrity partner queried whether Rap Snacks had obtained permission from Mattel,” the lawsuit. “Indeed, Rap Snacks never requested or received any such permission.”
In the lawsuit, which was filed in Los Angeles federal court, the California-based company said Rap Snacks is unlawfully profiting off of their Barbie trademark.
Rap Snacks made the deliberate and calculated choice to launch a new product line using Mattel’s famous BARBIE trademark. That choice, made without any prior notice to Mattel, was unlawful. As a result, Mattel has been forced to bring this lawsuit to defend its rights to the BARBIE brand because Defendant Rap Snacks impermissibly traded off, and continues to trade off, the value and goodwill of Mattel’s famous trademark.
They also said that Rap Snacks’ use of their Barbie logo could confuse customers because they also sell food items.
“In addition, Rap Snacks use of the BARBIE trademark in connection with snack food items is made even more confusing to consumers by the fact that Mattel advertises and sells its own line of snack foods—such as pasta, candy, cookies, drinks, and fruit snacks.”
The toy brand is asking for compensation that includes “lost profits and attorneys’ fees and costs of corrective advertising to mitigate damages.”
“This action seeks judgment, damages and injunctive relief for Defendant’s willful infringement of Mattel’s famous BARBIE trademark, for unfair competition and false designation of origin, trademark dilution, and unfair competition under California state law. Mattel also seeks its attorneys’ fees and costs herein, as well as an accounting of Rap Snacks’ profits resulting from its decision to infringe Mattel’s trademark.”
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