Eileen McDermott, New York
MGA Entertainment has been ordered to stop selling its popular Bratz line of dolls after a judge granted Mattel’s request for a permanent injunction last week.
In September, a jury awarded Mattel $100 million in damages after the company proved that the creator of the Bratz doll sketches, Carter Bryant, developed the concept for the doll during the course of his employment at Mattel and consequently that the rights to the intellectual property belong to Mattel.
The case has been argued in federal courts since 2004, with numerous counterclaims and motions filed over the past four years.The permanent injunction, granted by judge Stephen Larson on December 3, bars MGA from manufacturing, distributing or selling Bratz fashion dolls, or using the "Bratz" name for any goods or services. The judge also ordered MGA to transfer all trade mark rights in the "Bratz" name to Mattel and held that MGA and its CEO, Isaac Larian, had engaged in unfair competition against Mattel.
Robert A Eckert, chairman and chief executive officer of Mattel said in a press release: "The Court's rulings underscore what Mattel has said all along - that MGA should not be allowed to profit from its wrongdoing." The release also noted that the court's orders will not take full effect until the court rules on the parties' post-trial motions, which are scheduled to be heard in February.
MGA Entertainment also put out a press release that described the injunction as “surprising”. “MGA intends to immediately appeal the injunction Mattel was granted,” Larian said in the release. Quinn Emanuel Urquhart Oliver & Hedges is acting for Mattel and Skadden, Arps, Slate, Meagher & Flom is representing MGA.
From:www.managingip.com
