In an effort to build her small business brand and create a family legacy, Atlanta pitmaster Amanda Kinsey sought to trademark “Amanda’s BarBeeQue.” She never thought she’d end up in a legal battle with toy giant Mattel as popularity for its signature “Barbie” products surges following the 2023 film about the iconic doll.
“I didn’t think it was real,” Kinsey said of Mattel’s opposition to her trademark bid. “I said, ‘There’s no way.’ So when I found out it was real, I was like, ‘Oh, they are really serious.’”
Now Kinsey, who filed the trademark application herself, is seeking $25,000 through a GoFundMe campaign so she can hire intellectual property attorneys. As of noon Friday, she’d received more than $6,400 in donations.
“My name means too much for me to just let it go,” she said. “(Mattel) are banking on us not to get counsel because they know I lack the resources.”
Kinsey said she has until Oct. 8 to officially respond to the opposition from Mattel, which asked the U.S. Patent and Trademark Office to refuse registration of her requested trademark. If she doesn’t respond, Mattel could win by default, she said.
Credit: Supplied
Credit: Supplied
Kinsey’s business logo is pink and black. It features a pig in a chef hat, skirt and heels with a spatula in hand. She sought trademark registration associated with barbecue sauce and restaurant services.
Mattel’s pink “Barbie” trademark has been used to sell dolls and countless affiliated products since the 1950s. In a statement, the company said it has no interest in disrupting Kinsey’s business and that it hopes to discuss the trademark issue with her.
“We wish her and her business great success,” Mattel said. “The Barbie brand is expressed in myriad ways through products and experiences, from apparel to foods, and our trademark, which affords protection against names that have a similar pronunciation, helps us ensure we can continue to do so, now and into the future.”
According to Mattel, its ability to use and protect the “Barbie” brand in connection with food and restaurants is at stake. It currently has a collaboration with Heinz on a “Barbiecue” sauce.
In its Aug. 23 opposition filing, Mattel said the two trademarks are “virtually identical in both appearance and pronunciation” and “would be materially indistinguishable to the average American.”
Kinsey said her brand comprises her name and the way barbecue was spelled by her grandmother, who did not have a formal education. She said her grandmother’s barbecue sauce is a part of her business.
“I grew up around barbecue from both of my grandmamas,” Kinsey said. “Our mission is to bring fellowship back into the community, one barbecue plate at a time.”
Kinsey began grilling in 2017 to fundraise for her son’s school trip to China. At the time, she was an early childhood educator. She sold barbecue from street corners in Atlanta, generating enough demand to establish a full-time operation.
In 2022, Kinsey got a food truck, after winning a small business contest run by Mastercard. That year, she filed her trademark application.
“I did everything as a small business owner that I thought I should do to help protect my brand, especially when we saw it elevating and I started gaining respect in the culinary industry,” Kinsey said. “I am trying to protect my legacy. I had never even thought of Mattel. It never crossed my mind.”
In July, she opened her first restaurant location in Fayetteville. The following month, she learned that Mattel was fighting her trademark bid.
Kinsey said she highlighted the trademark fight on social media, hoping the community support that got her son to China would also help her stand up to Mattel. Her posts about the battle have elicited thousands of views, likes and comments.
“I did not think that it was going to blow up like this,” she said. “I was just seeking help. I want to be able to create a legacy to give that to my kids.”
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