Thursday, August 28, 2008

Bratz v Barbie

More happy IP lawyers as the Bratz v Barbie (MGA Entertainment Inc. v Mattel Inc.) case is likely to run and run in spite (or because) of the $100 million jury award to Mattel this week.

"At the heart of the issue are the initial sketches done by designer Carter Bryant while conceiving the Bratz concept. In an earlier phase of the trial, the same jury found that Bryant worked at Mattel under an exclusivity deal when the drawings were made and all but four belonged to Mattel...

During the trial, Mattel attorneys said MGA made nearly $779 million on the Bratz line since it was introduced in 2001. The company has since expanded Bratz with lucrative additions such as Bratz Boyz, Bratz Petz and Bratz Babyz and introduced new, edgy dolls each year.


Meanwhile, sales of Barbie - a near rite-of-passage in American girlhood - have slid since Bratz's Yasmin, Cloe, Jade and Sasha came on the scene...

MGA has said it will file paperwork with the court arguing that Tuesday's awards for contract-related damages are overlapping, and the total verdict amount should be reduced to as little as $20 million.

Mattel also has a trade secrets lawsuit pending against MGA, and MGA has a lawsuit pending against Mattel over the toy giant's My Scene dolls, alleging unfair competition, among other things."

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