Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, May 15, 1990 TAG: 9005150135
SECTION: EXTRA PAGE: E-6 EDITION: METRO
SOURCE: Cox News Service
DATELINE: LENGTH: Medium
MATTEL Inc., which holds the trademarks to the world-famous dolls, thinks there is. Last week, it filed a lawsuit asking U.S. District Judge Walter H. Rice to issue an order preventing a West Carrollton, Ohio, couple from continuing to besmirch their dolls' reputations.
Named as defendants in the lawsuitare Michael and Saundra Cherwenka, who do business as 1st Class Strippers.
The lawsuit alleges the Cherwenkas "have advertised and sold stripping services in flagrant violation of MATTEL's proprietary rights involving lewd and nude behavior, performing under the stage names `Barbie' and `Ken' and `Malibu Barbie' and `Malibu Ken' . . . in marked contrast to the wholesome image which MATTEL has cultivated" in its line of products.
The lawsuit states the Cherwenkas performed their stripping act on the Phil Donahue television talk show where "they removed virtually all their clothing."
Worse, in his act before the studio and national audience, Michael Cherwenka had "Malibu Ken" written in red sequins on the seat of his pants, the lawsuit states. And in her act, Saundra Cherwenka appeared in the hairstyle and clothing of Barbie and "proceeded thereafter to take off the Barbie costume in a provocative fashion to a nearly nude state."
Michael Cherwenka, 27, said he believes some people in the business got "jealous" over his company's success and tipped off MATTEL.
He conceded that "MATTEL is absolutely right" about his act "infringing" on its trademarks, but argued that he and his wife "are just portraying a character."
However, he didn't appear hopeful about convincing Judge Rice of such a defense.
"We can't fight a multimillion-dollar business like that," he said. "We have to abide by their rules."
He conceded that he recently agreed with MATTEL to get out of the stripping business after considering joining his father, a prosperous Chicago real-estate businessman.
But since the Donahue show, he said, his business has skyrocketed.
He's the "Real Man of the Month" in this month's issue of Playgirl, and said he only missed being the centerfold because his wife wouldn't let him take off all his clothes.
Cherwenka said he wears a G-string and his wife wears a G-string and bra in their stage show, which began about six years ago.
"We're not strippers; we're entertainers who strip in a tasteful way," he said. "We're not like go-go boys or go-go girls."
To avoid a lawsuit from MATTEL, he said he recently assumed the new stage name of "Malibu" and his wife the name of "Barbie Brandt." He said he has also been revising the act's promotions and fliers.
MATTEL is asking Judge Rice to permanently restrain the Cherwenkas "from using any part or portion of" its dolls or other products, or even any "colorable imitations thereof."
MATTEL also seeks an unspecified amount in damages.
by CNB