Avoiding Barbie Mania Troubles: How to Create Unforgettable Barbie-Themed Celebrations Without Legal Issues

Disclaimer: I am not a licensing law expert, but want to share my thoughts regarding the recent surge in 'Barbie' posts on social media platforms. This post may help prevent a few businesses from encountering legal issues. 

Barbie, the iconic fashion doll, has captivated audiences worldwide since her debut in 1959. The Barbie craze has only grown stronger over the years, and especially with the release of the new Barbie movie, there are now endless options for Barbie-themed merchandise, props, balloons, and cutouts for parties, events, and decorations. While it's tempting to indulge in the Barbie craze, exercising caution and respecting copyright laws by avoiding using unlicensed products is essential. In this blog post, we'll delve into the allure of Barbie mania while offering advice on how to steer clear of legal issues when incorporating this theme into your celebrations.

1. Understand Copyright Laws:

Before delving into Barbie-themed decorations, it's essential to understand copyright laws. The iconic Barbie image and logo are copyrighted and owned by Mattel, Inc. Using them without permission for commercial purposes, including parties and events, can lead to serious legal consequences. Instead, seek licensed merchandise or DIY alternatives that avoid copyrighted elements. 

2. Opt for Licensed Merchandise:

When decorating your Barbie-themed event, choose official, licensed merchandise produced and authorised by Mattel. These items are created with quality and safety standards in mind, ensuring that your clients have a fabulous celebration while respecting intellectual property rights. 

Check with your balloon suppliers to ensure that you are buying licensed products, be very careful when buying from suppliers that cannot verify that a product is licensed, especially when it comes to balloons, props, and cutouts. 

Today I visited a well-known online seller’s website to see how many homemade Barbie- related products they had for sale, including life-size Barbie Boxes. I was shocked to see that there were many, none of which were legally trademarked, which can confuse the purchaser. 😕

3. Embrace DIY Creativity:

Unleash your creativity and design Barbie-themed decorations from scratch using your artistic skills. This approach allows you to personalise parties while avoiding any legal issues. For example, create Barbie-inspired banners, posters, and backdrops with original illustrations, patterns, and colours that capture the essence of the doll without infringing on the copyright. Remember, as of September 2021, most Barbie logos, including the iconic Barbie name and logo, are registered trademarks owned by Mattel, Inc. These trademarks include various logos, designs, and stylisations associated with the Barbie brand. 

The Barbie logo typically features the word "Barbie" in a distinctive font and the iconic Barbie silhouette. Additionally, various Barbie product  and promotional logos may exist, all likely protected as trademarks.

Using any Barbie logos for commercial purposes without proper authorisation from Mattel, Inc. may infringe on their trademark rights and lead to legal consequences. Please note that the Mattel Logo is also trademarked.

Here are some additional tips to help you unleash your creativity and design your Barbie-themed decorations:

Incorporate Barbie's signature pink colour into your decorations. Don't be afraid to mix in other colours to create a unique look - purple, turquoise, pastels, and white are also great colours to use.

Consider using Barbie-inspired patterns, such as polka dots or stripes, to add interest to your decorations.

Use Barbie's accessories, such as purses, shoes, and jewelry, to inspire your decorations.

Create a photo booth with Barbie-inspired props, such as oversized sunglasses, tiaras, and feather boas.

4. Seek Permission for Special Events:

As the Barbie craze continues, many companies may want to exploit it for promotional events. Don’t jump in immediately if you're asked to decorate a large-scale Barbie-themed event. It's important to seek permission from Mattel or the copyright holders before you proceed. Not only does this prevent legal complications, but it also supports the creators and brand. Do not be afraid to tell your client that Barbie is heavily trademarked and offer creative solutions for their event.

Conclusion:

Barbie mania brings a sense of joy and nostalgia to people of all ages. When embracing this theme for parties and events, it's crucial to do so responsibly, respecting copyright laws and avoiding using unlicensed props, balloons, and cutouts. You can create a memorable Barbie-themed celebration without getting into legal trouble by opting for licensed merchandise, exploring your creative talents, and seeking permission when necessary. Let's cherish Barbie's legacy while being mindful of the importance of intellectual property rights.

And finally, Using the "#Barbie" hashtag in your posts can be appropriate if your content is directly related to Barbie or is inspired by Barbie positively and respectfully. Including relevant hashtags can help your posts reach a wider audience and connect with people who share similar interests. However, there are a few points to consider before using the "#Barbie" hashtag:

Content Relevance: Ensure that posts are genuinely related to Barbie or the Barbie theme. Using hashtags that are not relevant to your content may come across as spammy or misleading.

Respect Copyright: Avoid using the "#Barbie" hashtag to promote or sell unauthorised Barbie merchandise or copyrighted material. Respect the intellectual property rights of Mattel, Inc., which owns the Barbie brand.

Positive Engagement: Use the hashtag in a positive and respectful manner. Avoid posting negative or derogatory content related to Barbie or any other subject.

Proper Attribution: If your posts feature official Barbie products or licensed merchandise, provide proper attribution and credit to Mattel, Inc. or the respective copyright holders.

Community Guidelines: Familiarise yourself with the guidelines and terms of use associated with the "#Barbie" hashtag on the platform you are using. Different platforms may have specific rules for hashtag usage.

Authenticity: Be genuine and authentic in your posts. Using the hashtag can be appropriate if your content genuinely aligns with Barbie themes or inspires creativity in a Barbie-related context.

In summary, using the "#Barbie" hashtag can be beneficial for reaching a relevant audience if your content genuinely aligns with Barbie themes and respects copyright laws. Always ensure your posts are respectful and relevant to the hashtag you are using, and avoid any content that could lead to legal issues or negative associations.

PLEASE be careful when using any kind of branding and check where your purchasing from is approved to sell the items.

Happy Ballooning! 

Sue

www.suebowler.com

Follow me @suebowler

Elf on the Shelf and Other Copyright Protection Pitfalls

Elf on the Shelf season is almost upon us, and for a number of balloon companies, it could inevitably spell the misery of disabled social media accounts, or worse a potential lawsuit! Honestly, any one of a number of heavily trademarked companies will pounce on the small independent companies who actually have no idea that they have done anything wrong! Unfortunately, breaking the "rules" on social media is easier than you may realise! So, are you committing copyright infringement and don't realise that you are doing it?

Kyrstin De Leeuw, CBA of The Balloon Store in Barrie, Ontario, Canada, creates her very own super cute Christmas Elf 

Every year, I see posts on Facebook balloon related groups where someone share their woes of their 'lost' Instagam or Facebook accounts!  A ballooning friend of mine told me that her business Instagram account had been disabled before Christmas for violating Instagram Community Guidelines  - her account was never restored and a cheeky little "Elf on the Shelf" had something to do with it! 

I personally have nothing against these elves, but they can have the habit of getting businesses into trouble, especially at this time of year! 

What is the 'Elf on The Shelf'?

The Elf of the Shelf character actually comes from a beloved children's book which tells the tale of Santa's little elf who enters the house at Christmas time to report back each night on who's been naughty and who's been nice. This iconic character is known for hiding itself in a new location each morning and has evolved into a cultural phenomenon by which a stuffed toy elf appears in many households in the lead up to Christmas. A festive month-long game of hide and seek ensues with many children and their parents, with the little one's looking forward to waking up each morning in December to find out where the elf has got to that day.

With the arrival of the stuffed elf toy being so eagerly anticipated each holiday season, many balloon companies have realised that they too can spread a little extra cheer each year by sending toy elves out to their customers. Often, the elves are sat astride stocking filler baskets topped with beautiful balloons! This can be a really fun way to kick off the festive season for lots of families.

Ok, What's the Harm in Doing That?
While it may seem like great fun to join in the "trend", businesses must always remain wary of the copyright infringement risks that surround this iconic character. You may think 'You can't copyright an idea!', but actually you can... it's what is know as 'intellectual property' a concept which protects an original idea from being copied without the appropriate credit and requital to its creators; in this case, the authors of the children's book. The character and phrase, 'Elf on the Shelf' and derivatives of it have been copyright protected, meaning use of the phrases without express permission from the copyright owners could lead to legal action. Having recently checked, it looks like Elf on the Shelf now have copyrights on over 50 words and sayings that have some relevance to their elf character... in other words, there are very few elf related words that are safe to use in a hashtag! 

The same is true for many trademarked characters, which is why when creating balloon designs, it is important to be wary of using protected names and imagery unlawfully. An example of this would be selling counterfeit foil balloons that depict popular children's TV characters. If in doubt, it is best to only purchase such supplies from approved licensees and to look out for the copyright © / trademark logo ® ™ as an indication that the supplier has express permission to license and distribute that brand.

Creating any likeness of a copyright protected character is also likely to be prohibited by law regardless of if you have created it yourself as you're still profiting off an 'idea' that isn't yours. For instance, twisting yourself a 'Mike the Mouse' character with whimsically large black ears, red shorts and white gloves could still get you in trouble with the people at Disney because you are still attempting to make money off the idea of the character which they created aka their 'intellectual property'. Your version must be different enough that it cannot be considered a direct copy.

The likelihood of a copyright owner finding an infringing image online is low if the image is not tagged with anything that links it to the trademark. So, avoid using hashtags, names, phrases and in generally any wording that is specific to trademarked characters and you're much less likely to get flagged in a copyright dispute.

How Can I Avoid Any Issues Going Forward? So, back to our whimsical elf; while the phrase and concept of 'elf on the shelf' is protected, the word 'elf' by itself isn't trademarked (it's very hard to trademark single, commonly used words...) and there's no harm in simply selling stuffed elf toys for families to use as they please...

It is definitely worth thinking about ways to still let customers know that you can offer what they're after without stepping on the toes of the established brand. It may mean getting creative with your wording for instance, 'Hide and Seek Elf' or 'Find Me Elf' and altering aspects of the idea enough that it's not considered an infringement. It is worth doing research beforehand to avoid getting you business into trouble.

So my advice to you is to stay clear of using any hashtags to promote goods and services that you offer that could land you in trouble, it is definitely not worth it! 

I would like to thank Jade Fraser, Marketing Manager from BAPIA Ltd. for co-writing this post.

Happy Ballooning!

Sue 

www.suebowler.com

Follow @suebowler