From: “Isaac Larian (President / CEO)”
Date: April 9, 2021 at 6:11:33 PM PDT
To: Kreiz Ynon <Ynon.K@mattel.com>
Cc: Michael.Moore@mattel.com, Anschell Jonathan <Jonathan.Anschell@mattel.com>, Jennifer Keller <firstname.lastname@example.org>
Subject: MGA vs Mattel
When we met at , we came to an agreement that any issues between our two companies will be addressed by the two CEO’s first. We shook hand on that.
In fact , I brought the Mattel blatant knock off of OMG Surprise Extra ( e.g Barbie Extra ) and Barbie Color Reveal with 7 surprises ( e.g LOL Surprise color change ) to your attention DIRECTLY.
You dismissed that ( by doing a cut and paste email response from Bob Normile ).
It’s very disappointing, that you now hide behind a low life so called “ lawyer” ( who was found by a federal judge to have perjured himself under oath, instead of calling me. You have all my numbers. The fact that this perjurer is still employed by Mattel is also telling).
Let me assure you and Jonathan and your board that Mattel’s typical baseless BS nonsense doesn’t scare me and MGA. It seems old dogs are hard to teach.
Our lawyers will respond to this nonsense email from Moore in due course.
In the mean time you , as the CEO of Mattel are on notice and MAKE SURE that Mattel puts a litigation hold on ANY AND ALL correspondence of any shape and from that in any way refers to MGA, ANY of its its IP and products.
No more funny business like last time by hiding 36 cartons of evidence in another law firm or creating stupid spy movie files such a N.H.B ( Jonathan: These are letters after MGA that your equally perjurer as Moore predecessor created to hide evidence from MGA) please. This time around we are very ready for Mattel and it’s bullying and funny business tactics and practices.
I’m sure the court and jury would love to listen and read to Moor’s, Eckerd Normile , etc previous testimony and be amused.
All of our rights are reserved.
” Fortune favors the bold”
Begin forwarded message:
From: Moore, Michael <Michael.Moore@Mattel.com>
Sent: Wednesday, April 07, 2021 11:54 AM
Subject: BARBARA, US TM App. No. 90318954
CAUTION: This email originated from outside of the MGAE organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
As I mentioned on our call today, I was surprised and disappointed to recently learn that MGA filed a US trademark application for BARBARA in class 28 for “Doll clothing; dolls and accessories therefor.” See attached printout from the USPTO website for US App. No. 90318954.
As you know – and as is widely known around the world – BARBIE is short for BARBARA. See, e.g., New York Daily News, March 9, 2017, Eight Fun Facts About Barbara Millicent Roberts (“Barbie’s full name is Barbara Millicent Roberts. Barbie is named after creator Ruth Handler’s own daughter, Barbara.”) Therefore, the unauthorized use of BARBARA in connection with dolls and related goods is likely to cause confusion with Mattel’s famous BARBIE trademark, and to misappropriate, dilute and diminish the goodwill associated with that iconic Mattel brand.
Accordingly, I’m writing to request that MGA expressly abandon the application for BARBARA and agree not to use the BARBARA trademark. Please let me have your response to this request as soon as possible. Otherwise Mattel will oppose MGA’s application for BARBARA if it publishes, and is prepared to seek other relief should MGA proceed to use the trademark.
Compounding the concern about MGA’s trademark application, information has come to light on social media that suggests MGA is planning on using trade dress and font styles that are confusingly similar to BARBIE trade dress. As the attached materials reflect, postings have speculated that MGA’s ARIA line of dolls will be “more [B]arbieish looking” than other dolls. I am hopeful that such online speculation is just that – pure speculation as opposed to fact – and that MGA indeed has no such plans. I would very much appreciate your assurances in this regard.
I look forward to hearing from you. In the meantime, nothing herein should be construed as a waiver of any of Mattel’s rights or remedies, all of which we expressly reserve.
Very truly yours,
Associate General Counsel, Senior Director, Trademarks & Copyrights
Empowering the next generation to explore the wonder of childhood and reach their full potential.