Court Prohibits MGA from Producing or Selling Bratz Products and Awards Rights to Bratz Name to Mattel
December 4, 2008

EL SEGUNDO, Calif., Dec 04, 2008 (BUSINESS WIRE) –Yesterday, Judge Stephen Larson, the United States District Court Judge presiding over ongoing intellectual property litigation between Mattel and MGA Entertainment, Inc., granted Mattel’s motion for a permanent injunction barring MGA from manufacturing, distributing or selling Bratz fashion dolls, or using the "Bratz" name for any goods or services. He ordered MGA to transfer all trademark rights in the "Bratz" name to Mattel. The Court also held that MGA and its CEO, Isaac Larian, had engaged in unfair competition against Mattel.

"We’re extremely pleased that the Court granted Mattel’s motions for an injunction and ordered MGA to stop selling Bratz products," said Robert A. Eckert, chairman and chief executive officer of Mattel, Inc. "The Court’s rulings underscore what Mattel has said all along — that MGA should not be allowed to profit from its wrongdoing."

Judge Larson confirmed yesterday that "Mattel owns all right, title and interest, including any and all copyrights, in and to the Bratz-related works …" The Court further ruled that "hundreds of the MGA parties’ products — including all the currently available core female fashion dolls Mattel was able to locate in the marketplace — infringe [Mattel's] rights." As part of the permanent injunction, the Court also ordered MGA to recall all infringing Bratz products from store shelves and to reimburse retailers for the recall.

Mattel’s request for a permanent injunction came on the heels of a $100 million jury verdict this past summer in Mattel’s favor and against MGA, its Hong Kong subsidiary and Larian. At trial, the jury found that Carter Bryant, a Mattel doll designer, had created Bratz doll designs and the Bratz name while he was working at Mattel. The jury further found MGA, MGA Hong Kong and Larian had infringed Mattel’s copyrights in Bratz and had acted unlawfully in aiding and abetting Bryant’s wrongdoing.

 

The Court noted in its ruling yesterday that the jury had found that "the MGA parties wrongfully acquired the idea for the name ‘Bratz’…." As a result, the Court stated, "California law requires, in this instance, that a constructive trust be imposed as to [the Bratz trademarks]. Mattel is the beneficiary of the constructive trust and MGA’s trademarks in ‘Bratz’ … inure to Mattel’s benefit." As a result, the Court ordered that all trademark registrations for ‘Bratz’ be transferred to Mattel.

The Court’s Orders will not take full effect until the Court rules on the parties’ post-trial motions, which are currently scheduled to be heard in February.

Mattel is represented by Quinn Emanuel Urquhart Oliver & Hedges, LLP, a 400-strong lawyer business litigation firm — the largest in the United States devoted solely to business litigation. The litigation team is led by John Quinn, founder and managing partner at the firm, and partners Bill Price and Mike Zeller.

 

About Mattel

Mattel, Inc., (NYSE:MAT) (www.mattel.com) is the worldwide leader in the design, manufacture and marketing of toys and family products.The Mattel family is comprised of such best-selling brands as Barbie(R), the most popular fashion doll ever introduced, Hot Wheels(R), Matchbox(R), American Girl(R), Radica(R) and Tyco(R) R/C, as well as Fisher-Price(R) brands. With global headquarters in El Segundo, Calif., Mattel employs more than 30,000 people in 43 countries and territories and sells products in more than 150 nations. Mattel’s vision is to be the world’s premier toy brands — today and tomorrow.

 

Daniel Pickett
Daniel “Julius Marx” Pickett has been around toys his whole life. The first line he ever collected was Mego’s World’s Greatest Super Heroes line back in the 70s. He has been surrounded by collectables ever since. In 1999 he was confounded by a lack of information and news about some of his favorite toy lines he was collecting. Since he couldn’t find the information he decided to pursue it himself thinking other people might also be interested in the same news. He started writing a weekly column on the toy industry and action figure for a toy news site and in a years time he tripled the sites daily traffic with his updates, reviews and product features. He built relationships with every major toy manufacturer and many sculptors, painters and mold makers. He grew his hobby into a world wide expertise that the industry has embraced. In 2004 he teamed up with his toy buddy Jason “ToyOtter” Geyer and they created their own website www.ActionFigureInsider.com. Daniel has been quoted in both industry and mass media press outlets. Over the years Daniel and AFi have been sought out as experts in the field. Daniel was regularly featured on “Attack of the Show” on the G4 network as the primary contributor to their “Mint On Card” segment, and our front page has been linked to from USA Today’s “Pop Candy” Blog twice. Daniel’s content has also been featured on MSNBC.com, Wired.com, Fark.com, Boing-Boing, Gizmodo.com, Ain’t It Cool News, the Official Star Wars blog, Geekologie, G4, CNet and Toy Fare magazine, among many others. He has consulted on toy lines, books, documentaries and TV shows. But all of that really just sounds snooty and “tootin’ his own horn” – the long and short of it is that Daniel loves toys and he LOVES talking about them.
Read other articles by Daniel Pickett.

 

 

 

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