Delhi High Court Bars Indian businessman from using 'Barbie' trademark

New Delhi: The Delhi High Court has restrained an Indian entrepreneur from using the "Barbie" trademark for his commercial ventures, citing potential consumer confusion and infringement on the well-established brand from the house of Mattel. 

The interim order, passed by Justice Manmeet Pritam Singh Arora, directs Padum Borah to immediately cease using marks such as "Barbie," "Barbie One Stop Solution For Horeca & Foods Processing," "Barbie Enterprises," "Barbie Hospitality," "Barbie Catering," and "Barbie Kitchen Mart." 

The case stems from Mattel's discovery in August 2024 that Borah was employing these variations of the "Barbie" name for services related to commercial kitchen equipment, event management, and catering. 

Mattel, which has held the registered "Barbie" trademark since 1959, originally inspired by co-founder Ruth Handler's daughter, Barbara, argued that Borah's marks were visually, phonetically, and conceptually identical to their own, risking "initial interest confusion" among consumers. 

The company emphasised that "Barbie" is a coined term with no dictionary meaning, making its adoption by Borah appear deliberate and without reasonable justification. 

In court filings, Mattel highlighted Borah's trademark application for similar marks, which prompted them to send a cease-and-desist notice that went unanswered. 

Borah, who did not appear in court despite advance notice, had previously claimed in a reply to the Trademark Registry that his combined expressions were distinctive and unlikely to confuse, while acknowledging "Barbie" as a well-known brand. 

However, the court found no merit in this defence, noting that Borah's use of "Barbie" as the dominant prefix in his marks created evident visual identity with Mattel's trademark. 

Justice Arora, in the order, observed, "On a bare perusal of the above-mentioned table, it is evident that the Plaintiff's trademark BARBIE is the dominant element, and the impugned marks of the Defendant No. 1 are visually identical to that of the Plaintiff's trademark." 

The judge further reasoned that Borah's adoption seemed aimed at "creating an initial interest in the mind of the consumer with respect to the products of the Defendant and to capture the customer's attention," potentially causing irreparable harm to Mattel's brand reputation. 

As part of the ruling, the court mandated the takedown of all social media accounts and posts referencing the disputed marks, including those on platforms like Facebook, Instagram, and LinkedIn. Borah has also been ordered to suspend any associated domains.