National Australia Bank Limited v Mattel, Inc

National Australia Bank Limited (NAB) and Mattel, Inc. (Mattel) were the parties in dispute before the Federal Court of Australia. The core of the disagreement concerned NAB's use of the trademark "Barbie" in its marketing campaigns, which Mattel, the owner of the "Barbie" trademark, alleged constituted trademark infringement and misleading or deceptive conduct. Mattel sought an injunction to prevent NAB from continuing its advertising and claimed damages.

The Federal Court was required to determine whether NAB's use of the word "Barbie" in its advertising for a home loan product amounted to infringement of Mattel's registered trademark "Barbie". Specifically, the court had to consider whether NAB's use of the mark was in relation to goods or services for which the "Barbie" mark was registered, and whether such use was likely to deceive or cause confusion among consumers. Additionally, the court examined whether NAB's conduct was misleading or deceptive under the Australian Consumer Law.

Justice Wilson found that NAB's use of the term "Barbie" in its advertising was not an infringement of Mattel's trademark. The court reasoned that the context in which NAB used the word "Barbie" – referring to a "Barbie Girl" loan product – was not in relation to goods or services that were similar to those for which the "Barbie" trademark was registered, such as dolls and related toys. Furthermore, the court concluded that the average consumer would not be deceived or confused into believing that the loan product was endorsed by, or associated with, Mattel. Consequently, the court also found no contravention of the Australian Consumer Law.

The court ordered that Mattel's application be dismissed and ordered Mattel to pay NAB's costs.