FILE - The OMG Girlz perform at the Essence Music Festival in New Orleans, July 5, 2012. (Photo by Bill Haber/Invision/AP, F)
September 24, 2024 - 4:49 PM
NEW YORK (AP) — Toy maker MGA Entertainment must pay $71.5 million in damages for infringing on the name and likeliness of teen pop group OMG Girlz with one of its popular lines of dolls, a federal jury has decided.
Monday's verdict hands a win to OMG Girlz — as well as Xscape singer Tameka “Tiny” Harris and rapper Chris “T.I.” Harris — in the third court trial related to a yearslong intellectual property battle with the California company. Among a web of back-and-forth claims, MGA's “L.O.L. Surprise! O.M.G.” dolls were held to have a name and style similar to that of the all-female band, including seemingly lookalike clothing.
The jury found that a handful of the dolls infringed on OMG Girlz's “trade dress” and/or misappropriated the “name, likeness and identity” of the music group. As a result, court documents show, jurors awarded OMG Girlz, Tiny and T.I. $17.9 million in real damages plus $53.6 million in punitive damages.
Tiny and T.I. are the mother and stepfather of OMG Girlz member Zonnique Pullins. On Monday, Pullins and her fellow OMG Girlz members Bahja Rodriguez and Breaunna Womack all celebrated the verdict in posts to Instagram.
“This is for creatives everywhere,” Rodriguez wrote. “No longer will we be bullied into silence when it comes to others profiting off of our ideas and creativity.”
Tiny, who has been particularly outspoken about the case over the years, also applauded the decision Monday.
In 2020, MGA filed a lawsuit seeking a declaratory judgement stating that its “L.O.L. Surprise! O.M.G.” products did not violate any IP rights belonging to OMG Girlz, after receiving a cease-and-desist from the group. But counterclaims were soon filed from OMG Girlz, Tiny and T.I.'s team.
The first trial took place in January 2023, but a mistrial was declared the on grounds that barred testimony accusing the company of cultural appropriation was introduced. The second trial sided with MGA, but the judge later granted OMG Girlz's request for a retrial.
Neither MGA, whose toy brands also include Bratz and Mini Verse, nor attorneys representing the company immediately responded to The Associated Press’ requests for comment Tuesday on the verdict.
MGA denied allegations of infringement and misappropriation throughout the trial. According to Rolling Stone, Paul J. Loh, one of the company’s lawyers, called the claims “baseless and offensive” in closing arguments — noting that MGA had sold more than 40 million “L.O.L Surprise! O.M.G.” dolls without customer confusion.
In a joint statement, attorneys on the other side of the case applauded OMG Girlz, Tiny, and T.I.'s determination and “courage to stand up for themselves and fight a billion-dollar corporation’s intimidation" — adding that the jury did the right thing by holding MGA “fully accountable.”
News from © The Associated Press, 2024