Actress Sues Mattel Over Use of Likeness in Barbie Doll

Donna Douglas, the actress who played Elly May Clampett in "The Beverly Hillbillies," recently sued Mattel, Inc. for violating her right of publicity and false endorsement. According to the complaint, Ms. Douglas is recognized for her portrayal of Elly May Clampett, and continues to make public appearances in association with the role 40 years after the show's final season. Ms. Douglas claims that in December 2010, Mattel introduced and began to promote an "Elly May" Barbie doll designed to resemble the Elly May Clampett character as portrayed by Ms. Douglas. The packaging for the "Elly May" doll allegedly features a photo of Ms. Douglas portraying the character. In promotional materials, Mattel allegedly describes the doll's association with Ms. Douglas's portrayal of Elly May Clampett: "[T]he Elly May Barbie doll portrayed by Donna Douglas in the TV show captures the essence of the classic 60's TV character and show, The Beverly Hillbillies." Ms. Douglas asserts that she never endorsed the doll and never gave Mattel her permission to use her name, image, or likeness in association with the promotion of the doll. Ms. Douglas is seeking an injunction and damages associated with the alleged use.

TIP: Companies who wish to use a character from a television program or movie in connection with their products should consider whether it may be necessary to obtain rights from both the producers and the actor directly.