Well it looks like its going to be a better Christmas for Barbie this year....and right in time to battle off the recession blues. Judge Larson has given MGA until after the holiday season to clear shelves of Bratz dolls.
Mattel, Inc. won a court order to prevent MGA Entertainment from making and selling their Bratz Dolls because they were found to infringe upon Mattel's copyrights.
U.S. District judge Stephen Larson in California granted this court order yesterday. Mattel has lost sales to the popular Bratz Dolls since they launched in 2001. The Bratz Dolls are multi ethnic, provocative, and created by former Mattel designer Carter Bryant. Bryant created the name, sketches, and dolls while still employed by Mattel. Mattel claims that all of the creative work done by Bryant legally belongs to Mattel and as such, has enjoined MGA Entertainment from making the dolls, selling the dolls, and even using the name Bratz.
“Mattel has established its exclusive rights to the Bratz drawings, and the court has found 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 those rights,” Larson said in his ruling.
Mattel has been awarded $100 million dollars in damages which is five percent of its requested $2 billion dollars in damages. Mattel claims that the toymaker MGA Entertainment makes close to $779 million dollars in profits from sales of its Bratz dolls. MGA claims its profits from the dolls are closer to $450 million.
Please keep in mind that this is just an injunction against MGA. MGA can still appeal the order. But this appeal will be difficult considering that a jury has already found that MGA's dolls do infringe on Mattel's copyrights and awarded damages. The burden lies on MGA to find clear and convincing evidence that their dolls do not infringe on Mattel's copyrights. Judge Larson has indicated that certain dolls from the Bratz line can continue to be sold so long as they are packaged separately from the infringing dolls.
Mattel, Inc. has been looking strong in sales of its Barbie dolls and have captured sales with their Hannah Montana dolls. Mattel also makes the dolls for Disney's popular High School Musical series. Bratz has moved from the number two doll to number four. Will MGA try to fight this injunction? Will tweens be flocking to toy stores for their last chance to get a now "contraband" Bratz Doll? You know that the winner out of this will be EBay!
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