Posted on: February 29, 2024 | By: Business Clinic | Filed under: Client Alert

 

According to the United States Patent & Trademark Office (“USPTO”), Louisiana State University (“LSU”) women’s basketball star, Angel Reese (“Reese”), is not a Bayou Barbie, after they denied her Trademark application.

After LSU won the women’s basketball national championship, Reese skyrocketed to fame. Her nickname became the “Bayou Barbie” because of LSU’s close proximity to the water and her girly sense of style. LSU Women’s Basketball has even posted to their social media, posters of Reese which say, “Bayou Barbie. This Barbie is a National Champion.” Reese who has over 2.5 million followers on Instagram and a name and image net worth of 1.7 million dollars. Reese also has a multi-year NIL  deal with Reebok and had 17 NIL deals for the 2022-2023 season.

Reese filed a trademark application with the USPTO in February 2023 to register “Bayou Barbie,” but was denied in November 2023 because of the confusion with Mattel’s trademarks for Barbie dolls. Reese had 90-days to file an appeal but her attorney Daniel Heitner (“Heitner”) advised her not to, as “it was in Angel’s best interest to not unnecessarily instigate Mattel.” Heitner further explained Reese “has pivoted away from selling Bayou Barbie merchandise.” Since Reese did not appeal the USPTO’s decision, she abandoned it.

When evaluating whether a trademark application will be approved, the USPTO looks to whether there are marks similar enough that will cause confusion to the public. In Reese’s case, they found that her mark “Bayou Barbie” and Mattel’s “Barbie” would cause that type of confusion.

It is important that when filing applications with the USPTO you are guided by informed attorneys. For all your trademark needs contact the SBEC at businesscliinic@elon.edu.

Links

·         https://www.usatoday.com/story/sports/ncaaw/2024/02/21/angel-reese-bayou-barbie-trademark-bid-denied-lsu/72687031007/

·         https://twitter.com/LSUwbkb/status/1643324650053844998

·         https://www.si.com/college/2024/02/21/lsu-angel-reese-denied-copyright-bayou-barbie-nickname

·         https://deathvalleyvoice.com/posts/lsu-women-s-basketball-why-angel-reese-was-denied-use-of-bayou-barbie-nickname-01hq77x8tyqn

·         Photos from Angel Reese’s Instagram and CNN

 

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