The Bratz® Are Out
It appears that Bratz® dolls will not be on the shelves of your favorite toy stores after 2009. U.S. District Judge Stephen Larson ruled that the manufacturer, MGA Entertainment, Inc., must cease manufacturing, distributing and offering for sale Bratz® dolls by the end of 2009.
The order issued by Judge Larson is just one more chapter in the long dispute between Mattel and MGA. Originally, Mattel sued MGA asserting that Mattel owns the copyrights and other related intellectual property to the Bratz® line of dolls. (See our July 23, 2008 blog entry). The jury found MGA infringed Mattel’s copyrights. The jury also found that MGA intentionally interfered with Mattel’s contractual relations. In total, the jury awarded Mattel over $100 million. Of the $100 million, MGA is responsible for about $68 million and Isaac Liarian (MGA’s CEO) is responsible for about $33 million. These financial issues are currently at a stand-still while a court-appointed forensic auditor reviews all of MGA’s financial records.
Judge Larson also permanently enjoined MGA from making and selling any Bratz®, or Bratz®-like, dolls or using any trademark, copyright or other image which may be similar to the Bratz® dolls after December 31, 2009. MGA appealed Judge Larson’s injunction order to the 9th Circuit. However, the 9th Circuit Court of Appeals dismissed this appeal on January 14, 2009 for lack of jurisdiction since Judge Larson’s order was not yet final.
