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Abelman, Frayne, &Schwab

This Week In Intellectual Property History for November 28 - December 4, 2010

On December 1, 1959, Mattel Incorporated received a trademark registration for their brand of doll:

Ruth Handler, "creator" of the Barbie doll, claimed that the inspiration came from her daughter, Barbara. At the time, most three-dimensional dolls were made to look like babies or small children, but Handler had noticed that Barbara preferred playing with paper dolls that looked like adults. Realizing that there was a hole in the marketplace, Handler suggested the idea of a three-dimensional adult-bodied doll to her husband, Elliot Handler, a co-founder of the Mattel toy company, but the idea was scoffed at. Mattel's directors told her that it would be impossible to create such a doll.

However, during a trip to Europe with her daughter, Handler noticed a German doll named Lilli in a shop window. The adult-figured Lilli doll was exactly what Handler had had in mind, so she purchased three of them. She gave one to her daughter and took the other back to Mattel.

The Lilli doll was based on a popular character appearing in a comic strip drawn by Reinhard Beuthin for die Bild-Zeitung. Lilli was a fashionable "society girl" who knew what she wanted and wasn't above using men to get it. The Lilli doll was first sold in Germany in 1955. Although the doll was initially marketed to adult men in bars and tobacco shops, it eventually became popular with children, who enjoyed dressing her up in outfits that were available separately. The doll was so popular, she was even exported to other countries, including the United States.

At some point, Mattel acquired the rights to the Lilli doll. A new sculpt was designed (with help from engineer Jack Ryan), the concept was revamped, and the doll was given a new name: Barbie, after Handler's daughter, Barbara. The doll made its debut at the New York International American Toy Fair on March 9, 1959. (This date is also used as Barbie's official "birthday".)

Barbie's full name is Barbara Millicent Roberts, and a family and friends have been manufactured for her, starting with her beau Ken. Additions to the family tree include Skipper (debut 1964), twins Tutti and Todd (1966), Stacie (1992), Kelly (1995), and baby Krissy (1999). Barbie has dated Ken since 1961, and after a long estrangement was reunited with her best friend Midge in the early nineties. Other longstanding friends in Barbie's ethnically diverse social circle include Hispanic Teresa, African-American Christie and Steven (Christie's boyfriend), and the ethnically-ambiguous Kayla.

Barbie's height and exaggerated hourglass figure drew criticism from parents and anorexia nervosa groups. If scaled into real life proportions, she would be 5 feet, 9 inches, measuring 36-18-33.

Saudi Arabia outlawed Barbie dolls on September 10, 2003.


On December 2, 1958, the James O. Welch Company received a registration for their caramel candy:

In 1925 James O. Welch Co. introduced a rich milk caramel on a stick called the Papa bar. In 1932 the name was changed to Sugar Daddy to suggest a wealth of sweetness. It has since become a well-known product to consumers of all generations.

Following the success of the Sugar Daddy, the James O. Welch Company introduced Sugar Babies in 1935. Being part of the family, the product is based on caramel, too. But in contrast to the Sugar Daddy pops, the Babies come in a bite-sized, pan-coated chewy form. Having been on the market for more than 75 years, Sugar Babies enjoys a high degree of brand awareness.




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