If you dressed up as Barbie for Halloween this year, you are right on (Google) trend.  Barbie was the #1 costume choice, beating out Spiderman, Batman and Wednesday Addams.  This, after The Barbie Movie surpassed Harry Potter (Deathly Hallows — Part 2 ) to become Warner Brothers' top-grossing film at the worldwide box office.  Much credit is due to Mattel's 100+ brand collaborations, leading up to and continuing after the release of the film.  

This timely expansion of the famous Barbie brand may have been a contributing factor in the recent resolution of Mattel's trademark opposition to Burberry's application to register the allegedly “phonetically identical” BRBY mark (Burberry's London Stock Exchange designation since 2005) with the U.S. Patent & Trademark Office.  Filed less than a month prior to the opening day of The Barbie Movie, Mattel's notice of opposition made the expansive claims that the “[BARBIE] Marks are or have been used in virtually all mainstream channels of trade, and marketed generally across virtually all demographic lines—not only to children, but also to the family members who purchase gifts for children and to adults nostalgic for the toys bearing [BARBIE] Marks” and that these purchasers “are likely to be among those who may purchase, consume, or see advertisements for” Burberry's BRBY-branded products.  Mattel delivered at least on the first claim, as documented by the Wall Street Journal, with pool-themed floats, t-shirts, handbags, toothbrushes, videogame consoles and life-sized dream house installations available through numerous brand and retail partners.

The legal sufficiency of Mattel's claims ultimately was not tested at the Trademark Trial and Appeal Board.  Burberry withdrew its BRBY application last week with Mattel's consent, resulting in a dismissal of the opposition without prejudice.  Burberry thus is not barred procedurally from refiling for the BRBY trademark in the future, although it is possible that the parties reached a confidential settlement agreement whereby Burberry may have surrendered that right, among other terms.  The BARBIE name and brand has been famous for decades, but Mattel's recent licensing campaigns tying into The Barbie Movie have likely enlarged the market zone in which Mattel will be able to enforce its brand successfully.