Not so fantastic: Foodora embroiled in legal row after Barbie ad

The food-delivery firm came under fire for violating trademark rights for a Facebook ad using the Barbie brand and character.

Expats.cz Staff

Written by Expats.cz Staff Published on 26.07.2023 11:07:00 (updated on 26.07.2023) Reading time: 2 minutes

The Czech division of popular delivery company foodora recently found itself at the center of controversy after using the buzz surrounding the Barbie movie to promote its services. However, the advertisement quickly drew criticism for crossing several legal boundaries.

In the advertisement, foodora featured an image of Barbie with the caption: "Barbie wouldn't cook. Barbie would order." The advert further elaborated on foodora’s supposed similarity to the famous pink character, saying: "We share not only the color with the pink beauty, but also this philosophy, so order today too."

Breaking intellectual property rights

A legal expert pointed out the inappropriate nature of the ad, prompting foodora to remove it shortly after its release. The advertisement violated audiovisual rights and the personality rights of Margot Robbie, the actress portraying Barbie, and amounted to freeriding the film's popularity while misusing the trademark, Petra Dolejšová, a lawyer specializing in marketing law, wrote on LinkedIn.

The since-deleted ad on the foodora Faccebook page. (Photo: Facebook/
The since-deleted ad on the foodora Faccebook page. (Photo: Facebook/foodora.cz)

In response to the criticism, the company issued a statement acknowledging its misjudgment. "We misinterpreted the legal norms and committed an oversight, for which we apologize to all concerned. We are well aware that it is necessary to respect the intellectual property rights of others, but we did everything in good faith," foodora stated.

Correcting the error

Recognizing the severity of its missteps, foodora decided to take corrective action beyond a simple apology. The company chose to make a financial contribution to support a cause related to the film's message. "After being notified by several experts, we immediately withdrew the post. As an apology, we donated EUR 2,000 [about CZK 48,000] on behalf of our company to a non-profit organization dedicated to the fight against gender stereotypes. In this way, we want to honor the idea on which the film is based," foodora said.

The Barbie movie, which has been enjoying immense popularity in recent weeks, received praise for its empowering message that challenges traditional gender stereotypes. In Czech cinemas, Barbie set a new opening weekend record with 118,230 viewers and total box office sales of CZK 21 million from 177 cinemas across Czechia.

Following the fallout from foodora's controversial ad, the incident may prompt other companies to reevaluate their own marketing practices, emphasizing the need for responsible and conscientious advertising to avoid any legal quagmires.

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