Mattel slaps political podcast 'Coffee with Ken' with bizarre lawsuit
The toy giant has lodged a complaint with the US Patent and Trademark Office over 'Coffee with Ken,' a YouTube show hosted by Ken Biberaj, a DC-based real estate executive and former chair of the Manhattan Chamber of Commerce.
The bi-monthly podcast – which features guests like Sen. Joe Manchin, billionaire David Rubenstein, Illinois Gov. JB Pritzker and 'Hamilton' star Leslie Odom Jr. – was granted preliminary approval for a trademark in 2023.
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6 Ken Biberaj launched his podcast 'Coffee with Ken' five years ago.
Youtube
'We strive to focus our topics at the intersection of the public, private and social impact sectors,' said Biberaj, noting that the show now boasts 20,000 viewers per episode and hosts live events that can draw upwards of 200 attendees.
'I don't think anyone expected a doll to interview a governor,' Biberaj told The Post.
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Nevertheless, Mattel insists that 'Coffee with Ken' could create confusion about whether it's associated with Barbie's squeaky-clean, beach-loving boyfriend, according to court papers.
In particular, the El Segundo, Calif.-based company points to its Ken Barista doll — a hipster with a man bun and an apron who pulls perfect espresso shots — as proof of potential confusion.
6 The Ken Barista doll was discontinued.
Mattel/Walmart
6 Nevertheless, Mattel insists that 'Coffee with Ken' could create confusion about whether it's associated with Barbie's squeaky-clean, beach-loving boyfriend, according to court papers.
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It's 'highly likely that a consumer will believe that [Coffee with Ken] could be the name of or related to a Ken line' of dolls, Mattel claimed in its filing.
The Ken Barista doll is listed as discontinued on the official Barbie site, although it is still available at Walmart.com.
Mattel — still riding high on the blockbuster 'Barbie' movie where Ryan Gosling played a singing, rollerblading version of its beloved Ken — filed its objection in May, insisting 'Coffee with Ken' would 'damage' the brand.
6 Biberaj ran for New York City Council in 2013 and his family owns the iconic Russian Tea Room in Midtown Manhattan.
Getty Images
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Meanwhile Biberaj, who ran for New York City Council in 2013 and whose family owns the iconic Russian Tea Room in Midtown Manhattan, claims Barbie's big, deep-pocketed corporate parent is simply trying to push him around.
'My actual name is Ken,' Biberaj told The Post. 'Mattel shouldn't be able to block my trademark because of a doll.'
Legal experts say Mattel might be overreaching.
6 Ryan Gosling as Ken in the 2023 Barbie movie.
Jaap Buitendijk
'Mattel could have difficulty sustaining its opposition,' said trademark attorney Brad Rose of Pryor Cashman LLP. 'These are vastly different types of goods and audiences.'
Biberaj's attorney, Angela Gasperini Shin, called Mattel's suit a classic case of 'trademark bullying.'
'They can't own the name Ken outside of dolls and toys,' she said.
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Mattel is a fierce protector of its trademarks.
The company previously battled a Bronx entertainer over his 'Blac Ken' moniker and famously tried to sue the band Aqua over their raunchy '90s hit Barbie Girl — a case the Supreme Court refused to hear in 2003.
6 Mattel has been a fierce protector of its Barbie trademark.
©Warner Bros/Courtesy Everett Collection
More recently, Mattel squared off against Burberry, claiming its BRBY trademark sounded too close to Barbie. Burberry eventually caved and dropped the application.
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The 'Coffee with Ken' case is in discovery and will eventually go before a trademark appeals court unless its settled.
Mattel declined to comment on the 'Coffee with Ken' fight, citing 'pending litigation.'
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