All stories in El Jalapeño are satire and not real news. Check out the original article here.
MEXICO CITY — Farmacias Similares, the pharmaceutical chain behind Dr. Simi — the beloved, rotund, mustachioed mascot whose foam effigy is hurled at concert stages with a frequency that suggests it is Mexico’s national pastime — filed suit against Mattel Inc. on Thursday, claiming the California toy giant violated its exclusive intellectual property rights by producing a Barbie doll in the likeness of Mexican NASCAR driver Regina Sirvent without first obtaining written consent from a dancing pharmacy mascot.
The 47-page complaint, filed in Mexico City civil court, argues that Farmacias Similares holds “the sole and inalienable right to manufacture, distribute, and have thrown at Billie Eilish any three-dimensional representation of a Mexican person,” a claim legal experts described as “creative,” “unprecedented,” and, from one professor at UNAM who asked not to be named, “absolutely unhinged but also somehow not obviously wrong.”
At the center of the dispute is Sirvent’s Barbie Role Model doll, produced by Mattel to honor the 23-year-old Mexico City native’s historic achievements as the first woman to win a NASCAR Mexico Truck Series race and the first Latina to win a NASCAR international race. Mattel presented the doll to Sirvent in February — a one-of-a-kind figurine wearing a racing suit, which the company said would not be sold to the public.
Dr. Simi’s legal team argues this is irrelevant.
“Whether one unit or one million, the precedent is the same,” the filing states. “A plastic Mexican woman was manufactured without our client’s knowledge or approval. Our client has been manufacturing plastic Mexican people since 1997 and considers this its core business.”
The filing further notes that the Barbie in question stands approximately 11.5 inches tall, wears a tailored racing suit, and bears no mustache, all of which Farmacias Similares’ attorneys argue constitutes an “unauthorized departure from established aesthetic norms” for Mexican dolls.
Mattel, reached for comment, said it “respectfully disagrees with the characterization that Dr. Simi owns Mexico.”
Sirvent, currently preparing for her next NASCAR event, said she was honored by the Barbie recognition and had not previously been aware that a foam mascot had standing to sue over it. Her representatives noted that she intends to keep racing regardless of the outcome.
Farmacias Similares is seeking unspecified damages, a formal apology, and the right to produce an official Dr. Simi x Regina Sirvent crossover doll, which it confirmed would absolutely be thrown at concerts.
Check out our Jalapeño archive here.
Got an idea for a Jalapeño article? Email us with your suggestions!
