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Barbie abandons legal battle with Mattel

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CTV Newsnet: Court costs prove to be overwhelming

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CTV.ca News Staff

Date: Thu. Dec. 2 2004 11:32 AM ET

Calgary's battle of the Barbies is over, and it appears the diminutive plastic doll has scored a victory.

Toy giant Mattel Inc., which owns and markets its famous Barbie trademark worldwide, has been waging a courtroom fight with Calgary entrepreneur Barbie Anderson Whalley over rights to use the iconic name.

But on Wednesday, Anderson-Whalley said that even though she's fighting to use her real name, the legal bills have become too much.

"I can't afford to play the game,'' she told The Calgary Herald just days after receiving an $8,300 US bill from her American lawyer. "I feel like I've lost, big time.''

The fight was over a website Anderson-Whalley runs to complement her adult-themed clothing and accessories store, Barbie's Shop, in southwest Calgary.

According to Mattel, her website BarbiesShop.com is too close in name to the doll's official Internet site BarbieShop.com

Even though Anderson-Whalley's site has been up and running for four years, Mattel only complained last July. That's when she got a court summons in which she was described as a cybersquatter whose online efforts were diluting the company's world famous trademark.

Although the company initially wanted Anderson-Whalley to give up the name of both her physical and virtual stores, there are reports Mattel will require her to give up the disputed Internet domain name, but not the name on her storefront. For the Alberta businesswoman, however, the offer is little consolation.

"All the work, all the effort, all my time and for what? For some big corporation to come in and just take what they feel they have to have,'' she told the Herald.

"They are a bulldozer company.''

She had offered to sell Mattel her company name for $30,000.

Mattel has previously gone after the pop group Aqua, saying its song Barbie Girl cast their doll in a sexual light. Mattel lost that battle.

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