A toy manufacturer has been forced to pay $71.5 million (£53 million) for making dolls that infringe upon the name and likeness of a teen pop group from the United States. The dolls in question were manufactured through the company’s production process.
OMG Girlz filed a lawsuit in response to the MGA Entertainment-produced LOL Surprise. OMG dolls, on the other hand, claimed that the company had plagiarised both their brand and their appearance.
Following an extensive legal battle concerning intellectual property, the group was ultimately successful on Tuesday, when a jury in California came to the decision that they had been exploited. This victory came after the organisation had been engaged in a lengthy legal battle.
The plaintiffs, who claimed that their “trade dress” and “name, likeness, and identity” had been breached, were awarded real damages totalling $17.9 million (£13.3 million) and punitive damages totalling $53.6 million (£39.9 million). The plaintiffs were awarded both types of damages.
Zonnique Pullins, Bahja Rodriguez, and Breaunna Womack, the three members of the group, as well as Tameka ‘Tiny Harris’ and Chris T.I. Harris, Pullins’ mother and stepfather, respectively, receive the money. Additionally, the payoff is distributed to Breaunna Womack.
The group known as OMG Girlz, which was founded in 2009 and has a total of 232,000 followers on Instagram at the moment, took to various social media platforms in order to celebrate their success.
Regarding the manuscript, Rodriguez stated, “This is for creatives everywhere,” in his composition.
“No longer will we be bullied into silence when it comes to others profiting off of our ideas and creativity.”
The legal action in question began in the year 2020 after MGA contested a cease-and-desist notice that the group had issued.
The initial trial was scheduled to begin in January 2023; however, it was ultimately declared a mistrial. In January of 2023, the trial itself began, and shortly thereafter, counterclaims were submitted.
In spite of the fact that the toy company was victorious in a second trial, OMG Girlz was able to successfully appeal the verdict and bring it to a third court hearing.
MGA Entertainment has repeatedly and passionately denied the charges that have been made against them.
There are allegations that the counsel for the company stated that the claim was “baseless and offensive” during the closing arguments that were presented to the court regarding the case. It was his contention that more than forty million dolls had been sold without raising any confusion among the consumers who purchased them.