Welcome to my news page. I will keep you all informed of my current struggle with the Mattel's law suit. Below you will find some of the articles that were written and the supportive e-mail we have received from all over the world. Thank you all for the support.

Thanks,

Barbie.

Articles

National Post Saturday September 18, 2004 / The Calgary Herald

Walking, Talking Barbie Fights Mattel By Gwendolyn Richards

Calgary - A clothing designer known for her latex outfits and handmade corsets is facing a courtroom battle against toy corporation Mattel Inc. over the name she shares with one of their famous products - Barbie.

Barbie Anderson-Walley runs Barbies Shop, a clothing and accessories store that features fetish wear and gothic influenced designs. The store's name has nothing to do with the plastic doll, she said, but Mattel is calling for the store's name and Web site address to be changed. In a 14-page summons sent to Ms. Anderson-Walley in July, Mattel's lawyers said the company is enforcing "its rights in its famous trademark Barbie against defendants acts of cybersquatting, infringement and dilution with respect to that mark." Ms. Anderson-Walley, who has designed lingerie and clothing under her own name for 14 years calls the suit "pointless."

"Show me where we're attempting to rape the Barbie name," she said. "If i'm hurting their doll market, then i feel sorry for them."

A spokeswoman for Mattel Inc. said the size of Ms. Anderson-Walley's business is not a consideration. "You have to go after everyone who steps on your trademark," said Lisa Marie Bongiovanni in El Segundo, Calif." If you're not vigilant about protecting your trademark, you can lose the trademark."

The first contact came eight months ago, when Mattel sent a cease-and-desist order to Ms. Anderson-Walley. "My first thought was to laugh," she said. Her second thought was to call her parents and tell them to deal with the corporation since it was their idea to call her Barbie. The name Barbara may be on her birth certificate, but Ms. Anderson-Walley has been known as Barbie since she was in Grade 1. Subsequent chats with friends and family, however, made Ms. Anderson-Walley think again. So, she called a lawyer.

He told her that under Canadian law, a person can use their own name for their place of business as long as it doesn't have any conflicting merchandise. "If my name was Linda, I couldn't use the name Barbies Shop,"she said. The name Barbie is closely associated with the busty, blond doll, but the only dolls at Barbies Shop are Bleeding Edge Goth Dolls - a line of pasty-faced, tattooed and leather clad figurines that look like the Mattel doll's worst nightmare. But Ms.Bongiovanni pointed out that the corporation has trademarked the Barbie name for more than just the doll.
" We already own the name Barbie for clothing," she said. If an individual or a company or any other manufacturer uses one of our trademarked brands to sell or to promote their own products without our permission that's basically against trademark law," she added.

Ms. Anderson-Walley's lawyer also told her if the domain name barbiesshop.com was available and she bought it, then she has rights to it. Mattel owns the rights to Barbieshop.com All this was explained in a letter sent back to Mattel's lawyers and Ms. Anderson-Walley didn't hear anything for another four months. She thought the matter had been dropped. In mid- July, though, a new letter from Mattel showed the problem was not forgotten. Ms. Anderson-Walley doesn't believe her small store just south of the downtown core is a major threat to the toy company.She does think her Web site, accessible from around the world, is the sticking point for Mattel. She offered to sell the site's address to the toy corporation at the cost of $30,000 to cover expenses related to creating and running the site over the last four years and costs around building a new site under a new name.

Mattel turned down the offer and now Anderson-Walley has had to hire a U.S based lawyer for an upcoming court date in New Jersey. Already more than $6,000 out of pocket, she fears the financial costs of battling Mattel."If I could look in a crystal ball and see that we would win, I would fight this all the way," she said. But if her lawyer said it's likely a lost cause, "I'd scrape the window today." "If we lose, we're done," she added.

According to Bongiovanni, the Barbie brand is worth $3.6 billion in global retail sales."We're committed to vigorously protecting any of our established trademarks worldwide," she said. No date has been set for the first court appearance. Mattel has been to court before to protect the Barbie brand. In 2003, a U.S Court of Appeal ruled the corporation should not sue a Utah artist who used naked Barbie dolls in his photo's. That same year, a court dismissed Mattel's law suit against MCA Records over the Danish pop group's hit song. Babie Girl, about a " blonde, bimbo girl in a fantasy world."


The Calgary Sun Saturday September 18, 2004

Barbie Whips Up Name Fued
By Michelle Mark

The owner of Barbie's Shop in Southwest calgary is bursting with anger over allegations she's turning a Mattel doll's reputation into something naughty.
Mattel's lawyers have contacted Barbie Anderson-Walley demanding that she change her store's name, because their client owns the world wide rights to the name Barbie.
"I don't like being bullied,"Anderson-Walley said yesterday.
"My name is Barbie and that's where it ends.
" I was around before Barbie (the doll) was - maybe i should sue them over the name."
Barbies Shop on 4th St S.W. sells clothes for "bad boyz and girls," touting stripper wear, gothic, leather and latex outfits and accessories - some featuring bondage gear.
Anderson said she will consider making the changes only if her lawyer instructs her to do so, but added she is confident her new counsel - a new york attorney specializing in trademark law - will help her win in the end.
She also said Mattel is alleging its sales have been harmed by Anderson's shop sullying it's reputation.
"If they think I'm making a dent in their sales, then i feel sorry for them," she said.

E-Mail From Around The Globe

We have recived so many e-mail from all of you supporting us. Below are just a few for you to enjoy.

Sent: Tuesday, September 21, 2004 7:35 PM
Subject: Re: what the! - fight the power!

If anything it will increase your business!
p.s. i'm in ontario and i've never heard of your shop before seeing it on the news.
i checked out the website and you have some cool things i am considering for xmas gifts.
so in one way: screw mattel.
in another way: thank them :)
later!
tanya

Sent: Tuesday, September 21, 2004 1:05 PM
Subject: Hi there

Good luck with Matel, but just think of all the free advertising your store is getting. I saw your store on the news and checked it out and I'm sure Calgarians will support you all the way!!

Angela

A Letter To Mattel, Sent: Tuesday, September 21, 2004 10:37 AM
Subject: Barbie's Shop

Hello, I am emailing you in regard to Barbie's Shop in Calgary Alberta Canada. I have been in this shop and it has nothing to do with Barbie (The Doll). It is a tasteful exotic clothing boutique (family run) and does not infringe on your Barbie Doll Brand. I understand you wish to protect your brand image but a lawsuit against a small business such as Barbie's Shop can cost a lot and could effect their business, that could cause many repercussions for Mattel. I for one
(father of a 7mo. little girl with 4 little girl cousins) will not buy Mattel products and I will encourage others not to support Mattel if this lawsuit persists.

Thank you for your time, Mike Baumann

Sent: Wednesday, September 22, 2004 9:56 PM
Subject: Your fight with Barbie

Barb, I'm sure you don't remember me, but many years ago you made a custom waist cincher for me which I still have and use. I am a TV from Saskatchewan. I was the one who came to your place of business on a Monday (you were closed) and after banging on your front door, I tried your back door. You kindly opend the shop for me so you could take
measurements for the waist cincher. I always wanted to thank for that and I never did..
I was in Calgary about a month ago and I wanted to visit your shop but I just ran out of time. On the news I learned of your fight with big business over the use of the 'Barbie' name. I deal with a lot of business clients and I realize that our world is controlled by big business. If the average person knew just how much control big business has over our lives, there would be riots in the streets.
I commend you for standing up for what you believe is right. More of us must make a stand on issues and show these large corporations that we will not allow them to run rough-shod over our lives. The problem is, these corporations have deep pockets and of course they realize the small guy or gal, does not. I guess, the plus side to this, is that it is buying you some excellent free publicity and I hope you milk it to the fullest. I wish you the best in your fight and hope you are successful.

YOU GO GIRL, Terry

Sent: Wednesday, September 22, 2004 6:47 PM
Subject: CTV

Hello,

I was watching CTV last week, and I saw the news clip about your store and the website up aganist Mattel. As a young person, I'm proud to see you standing against the super-giant of Mattel. You were right; Mattel doesn't "own" the name Barbie. It's nice to see someone fighting for their rights when most would fall to their knees when up against a huge corporation.

So, I hope you win in the fight. I've taken special interest in your case since I started Media Studies at high school this year. We've spoken about cases such as this, where Mattel claims to own the name Barbie.

Best wishes, Megan - Fredericton, New Brunswick

PS. I'll have to visit this store when I'm in Calgary! Your clothing is
super!

Sent: Wednesday, September 22, 2004 9:52 AM
Subject: MATTEL

ARE YOU STILL BEING HARRASSED BY MATTEL? IF SO , I'D LIKE TO HELP; LETTERS, BOYCOTTT, ETC.

PLEASE REPLY, D. LESLIE BORSHY

Sent: Monday, September 20, 2004 3:05 PM
Subject: Mattel's Catwoman Barbie Doll

Dear Barbie,

The Sears flyer came in the Herald the other day (same issue as the article about your shop). How ironic that Mattel has produced a Catwoman Barbie, complete with whip, fake black leather mask and ripped pants. They are on sale at Sears for $9.99 until October 3.

Who is infringing on whose market anyway? Of course, Catwoman Barbie's clothes cannot be removed!

What message is Mattel sending to little girls?

gg

Sent: Monday, September 20, 2004 3:25 PM
Subject: support

Hi there....just wanted to let you know that I hope you win in your battle with Matel over the name issue. I think you have every right to use your own name for your business.

Christine

Sent: Sunday, September 19, 2004 5:08 PM
Subject: Mattell troubles

Hi Barbie,

I read of your legal problems with Mattell in the newspaper. Please note that I am not a lawyer, so ignore everything I say. I am puzzled why you are being sued in New Jersey. I would of thought that the case would be heard where the alleged offense took place. If your Web site is hosted in Canada then that is where Mattell should be suing you.

Also, make sure your lawyer is aware of the many cases of Mattell suing people and losing. One I read about in January 2003 is this one: http://www.metro.co.uk/metro/standard/article.html

As these were S&M dolls (with real Barbie heads) this would seem to be directly relevant to your case. Best of luck with your case. (By the way, I live in Calgary but, sadly, am far too old to be a Goth.)

Regards, Martin Leese

Sent: Sunday, September 19, 2004 7:40 AM
Subject: [BULK] Men's wear

Hi Barb.

I'm Peter and I was looking at your site. First off Mattel has nothing better to do but give you agro? I think they can stuff it where the sun don't shine. You have a great looking shop. We need one in Ottawa. Do you have any men's stuff I can look at on-line. If you do I'd like to view it and possibly purchase some.

Keep the Faith. Peter.......

Sent: Sunday, September 19, 2004 7:39 AM, Germany
Subject: Keep on going

don't be affraid of the big ones....
even in Germany we heard of you trouble ... take a look at this link
http://www.sm-news.de/menu.php?link=news&newsid=2024

Sent: Sunday, September 19, 2004 4:12 AM
Subject: Fight, Barbie! Fight!

I recently saw your 'debut' on the TV about your legal battle with Mattel and the creators of the Barbie doll. And as a 'loyal and dedicated' customer I thought you might need a bit of support from anyone and everyone. I have been in the shop many a time and you even created a Customized Corset for me (Pink and Black with bows on the top...) anywho. I could not believe it when I saw you on TV and was in even MoRE shock when i realized you are in a dispute over your Name! Barbie, you are (or at least seem to be) a strong person and I know that you have the support of SO many people behind you there is no way that you can fail. ( No pressure or anything hehe) I would like to wish you the BEST of luck and support on this matter and I hope you realize you'll show those stupid Mattel brats a thing or two. Best wishes ever,

Ashley

Sent: Sunday, September 19, 2004 5:42 AM
Subject: store name

Good luck in your struggle with Mattel. They lost the last scrap that they took to court. It’s the principal that counts. Cool site…..If I still lived in Calgary, I would visit the store.

Rob

Sent: Sunday, September 19, 2004 3:24 AM
Subject: Good luck with the lawsuit

Mattel is being ridiculous, yet again. Hope you get lots of publicity out of it.

T. Johnston - Tokyo, Japan

Sent: Saturday, September 18, 2004 11:29 PM
Subject: Keep up the fight

This crap with Mattel is going to do wonders for your business!! You will gain from this!!
Just look how all the publicity for Farenheit 911 made it the most successful documentary of all time.
You are supported!!

Patrick, Calgary

Sent: Friday, September 17, 2004 5:31 AM
Subject: Heard About Your Legal Fight on CBC

Dear Barbie:

I heard about your fight with Mattel on CBC this AM. I hope you're able to find supporters (preferably ones with legal expertise and deep pockets) to help you win the battle.

I was living in Edmonton when Disney forced the change of the Fantasyland Hotel name (also a disgrace).

This is another example of the Americans behaving as though they own the planet and just one more example of how the "big Corporation" tries to screw the "little guy". I hope you give them hell!

I'd take advantage of the Internet and generate as much publicity and support as you can to bring attention to the issue and garner as much assistance as you're able. It's disgusting that Mattel would take this step and behave as though you were a "threat" to their multi-million dollar a year industry. Give me a break! A quick Google of "Barbies" revealed 364,000 hits (worldwide) and 22,700 Canadian hits. I wonder if Mattel is suing everyone out there using the name when it's not directly related to their toy?

I too am a small business owner and can't imagine what I'd do if faced with a lawsuit by a Corporate giant like Mattel. I'm sure you've worked very hard for what you have and to think that your hard earned dollars must now be redirected to defend your legal name is unthinkable.

While I can't offer legal expertise or monetary support, I want to at least give you one Canadian vote of confidence and hope that you'll persevere in this situation.

Stand firm and let them do their worst! The Americans need to understand that they only "own" one small part of the planet and can't continue to dictate to the rest of us as if we were simply an extension of their country.

I hope you win.

Best Regards,

David Towler MA
Dir. Sales/Marketing
Creative Organizational Design
Kitchener, Ontario

Sent: Saturday, September 18, 2004 4:20 PM
Subject: Your battle with Mattel!

Hi Barbie,
I heard your story on Cjay this week and read it in the paper again this morning regarding your battle with Mattel. Although your store or products do not appeal to me, I just wanted you to know that I hope that you are able
to fight Mattel and keep you store and site name. It often sickens me to hear about these big corporation telling little
shops like yourself what you can and cannot do, although I do honestly see their point as they must protect there trademarks even though I don't think your shop will hurt the Barbie Doll image.

I just wanted to write and show my support to your fight and I do hope that you WIN and continue to operate.
Regards
Sandro Zanin, Calgary

Sent: Saturday, September 18, 2004 2:21 PM
Subject: trademark battles

Hey I was born in 1948. maybe I should be suing Mattel for the use of my name even though I started using Barb about 1958 - school you know and the teasing about my childhood name Barbie. Sounds like a class action suit brought by all Barbie's worldwide would be in order. They do not own my name or its derivatives!

Barb Davison

Sent: Saturday, September 18, 2004 10:13 AM
Subject: Re: News Story Mattel goes after Barbie's Shop...

Thought I would pass this on to you "Starbuck's" versus "Haida Buck's". It is about a small restaurant named "Haida Bucks" located on the Queen Charlotte Islands in B.C.

http://www.gatheringplacefirstnationscanews.com/PressReleases/082703_05.htm

Good Luck!

Judi Tough - Prince Rupert, B.C.

Sent: Saturday, September 18, 2004 2:41 AM
Subject: Well wishes for your fight against Mattel

I just heard about this and I have to say I hope your sales go through the roof as a result of the publicity. I don't think Mattel has a leg to stand on, since it is likely the only reason they are harassing you is the similarity of the domain name. Why would they care anyway? You're not a competition threat. You are an established legal business.
Plus when you go to barbieshop.com, no where on the site does it say barbieshop.com is their brand. Are they also going to shut down barbershop.com because of a similar name? How about barbshop.com or barbeeshop.com?

I hate when corporations flex their muscles like this for no good reason. Good luck to you.

All the best, Lee Gabel

Sent: Saturday, September 18, 2004 12:09 AM
Subject: mattel bastards

I just wanted to drop you a note that I fully support your using of the name Barbies Shop. It makes total sense to me. Unfortunately, I cannot give you any advice beyond retaining legal counsel. As much as I think it would be great to have a barbie roast -- you know, dolls on the bbq those corporate bastards might take offense to that.
I've only been to the shop once, when I was in Calgary, but I do plan on returning there. I'm very satisfied with the custom leather spikewear you made for me. Lastly, I am having the toughest time finding boots that fit properly.
Is there any chance you carry stitched leather boots in a 9W? I need the width for a proper fit.

Regards, Mark

Sent: Friday, September 17, 2004 11:45 PM
Subject: Mattel Idiots

Dear Barbie,

I saw the articles on the news this evening about your fight with Mattel. I sincerely hope that you are able to KICK THEIR ASSES!! There's enough chain stores and crap stores in this world. You're doing a good thing, and it's appalling that these idiots seem to think that you're infringing on them.

Keep up the faith - we're rooting for you.

Eydie

Sent: Friday, September 17, 2004 11:27 AM
Subject: Your fight with Mattel

Barbie, I heard the story on CBC Radio this morning. I think it's crazy, and support you all the way. Mattel should have better things to do. I'm not even a potential customer of yours, just someone who's sick to death of the abuse of copyright, trademark, and patent. No longer do these things protect creativity: they've turned into clubs to bludgeon honest people.

Robin L. Øye, Hancock, MI - USA

Sent: Friday, September 17, 2004 11:24 AM
Subject: CBC News - TOY GIANT TIED UP IN KNOTS OVER BARBIE SHOP

The following is a news item posted on CBC NEWS ONLINE
at http://www.cbc.ca/news
____________________________________________________
TOY GIANT TIED UP IN KNOTS OVER BARBIE SHOP
WebPosted Fri Sep 17 07:53:40 2004

Calgary---The company that makes Barbie says a Calgary shop selling plaid bondage skirts and corsets can't use the doll's name - even though it's also the name of the store's owner.
Mattel's lawyers have notified Barbie Anderson that she has to change her store's name, saying it owns the worldwide rights to the Barbie trademark.
Barbie's Shop sells custom clothing, including leather and latex outfits. "The tops are meant for the girls that are going to the bar tonight, things that are sexy to wear right now," said Anderson, who has sold custom clothes in the city for 14 years. "We supply the greatest amount of latex in Western Canada."
Mattel and Anderson also share an almost identical website address: the store's is barbiesshop.com, while the doll's - which includes fashion tips and games - is barbieshop.com.
Anderson said she wasn't trying to capitalize on the popular doll when she named her shop four years ago; she simply used her own name and the web domain name was available. "Like, if my name was Linda, then I would have said, 'Oh, I'm trying to be like the doll.' No, this is my name. My driver's licence, my passport, my business licence - everything is Barbie and has been since I was six years, seven years old," she said.
University of Calgary business law professor Peter Bowal said large corporations often dedicate entire departments to protecting their brand names.
"They take a policy fairly strictly that they are going to enforce their brand, and it doesn't matter who - whether it's a big company or a small company - they have to do it," he said. "It's very hard to predict how one case would go, but they do have to strike that balance between the use of your own name and another company using a name they have built some goodwill around."
In the past, Mattel sued a California artist who used the doll in a series of photographs he said critiqued the objectification of women. The toy giant also sued the Danish group Aqua over its song Barbie Girl, saying it tied sexual themes to the doll.The company lost both lawsuits.
Copyright (C) 2004 CBC. All rights reserved.

Sent: Friday, September 17, 2004 10:12 AM
Subject: On CBC this morning...

Barbie, I heard your interview on CBC this morning, and a thought occurred to me. I was sure that I had heard a rumour a while ago that Mattel was planning a 'Barbie-branded' line of adult fashions. Sure enough, after a brief search on the web, I found this: http://money.cnn.com/2004/06/11/news/fortune500/barbie_fashion/
I'm no lawyer, but there might be a bargaining chip to play here? (After all, you've been in the fashion business a lot longer than Mattel has...)
Good Luck!

Michelle

Sent: Friday, September 17, 2004 6:49 AM
Subject: CBC - hello from Newfoundland

I guess it was your shop that was featured on CBC national radio this morning. Of course, I had to check out your website. Just thought I'd drop a line and congratulate you on what looks to be a line of quality products. Best of luck in the fight with Mattel. Although, it is kinda funny that if you google Barbie you can get all sorts of stuff that IS linked to the doll. You aren't, but I guess they have decided to target you. Do you make men's clothing as well?
Rregards, Ed

Sent: Wednesday, September 22, 2004 12:27 AM
Subject: Rock on! Stick it to Mattel!

All I can say is give 'em hell. I'm more than confident that the case will be thrown out. Best of luck to you.

Oh, I made a mention of your plight on my web log.
http://personthatwritesthings.blogspot.com/2004/09/im-barbie-girl-in-barbie-world-life-in.html

Peace,
Vince Yim

Saturday September 30, 2006.

Greetings from Barbies Shop !!

Sorry it has been so long since we have updated our "News" section, so I will try to fill you in. In July 2005 the court ruled against "Mattel" here is a short overview of the decision. (As written in the "Calgary Herald" July 21,2005.

"U.S. District Judge Richard Conway Casey on Tuesday in New York granted a motion by Anderson-Walley's lawyer to dismiss Mattel's suit based on lack of jurisdiction." So lets all just yell "YAHOO"!!

Other news. We moved our retail location August 1, 2005. The new stroe is 2 blocks farther south on the same street but what a difference !!!!! We are street level with great frontage and now are handicap accessable.

So if your ever in Calgary come by the store and say "HI". Remember, we have tonnes of stock in the store that is not available on line!

Greetings Everyonel!!

The Great News for the year of 2007!! We will be holding a "BaZaRre BaLL". We have not confirmed anything yet but hope to hold it within the first two weeks of September. Keep you eyes posted here for more info as it becomes available.

Take care and well talk to you all soon.