NEW YORK — Toy maker MGA Leisure should pay $71.5 million in damages for infringing on the title and likeliness of stripling pop group OMG Girlz with one in all its widespread traces of dolls, a federal jury has determined.
Monday’s verdict arms a win to OMG Girlz — in addition to Xscape singer Tameka “Tiny” Harris and rapper Chris “T.I.” Harris — within the third court docket trial associated to a yearslong mental property battle with the California firm. Amongst an internet of back-and-forth claims, MGA’s “L.O.L. Shock! O.M.G.” dolls have been held to have a reputation and elegance much like that of the all-female band, together with seemingly lookalike clothes.
The jury discovered {that a} handful of the dolls infringed on OMG Girlz’s “commerce costume” and/or misappropriated the “title, likeness and identification” of the music group. Because of this, court docket paperwork present, jurors awarded OMG Girlz, Tiny and T.I. $17.9 million in actual damages plus $53.6 million in punitive damages.
Tiny and T.I. are the mom 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 decision in posts to Instagram.
“That is for creatives in every single place,” Rodriguez wrote. “Not will we be bullied into silence in terms of others profiting off of our concepts and creativity.”
Tiny, who has been notably outspoken concerning the case through the years, additionally applauded the choice Monday.
In 2020, MGA filed a lawsuit in search of a declaratory judgement stating that its “L.O.L. Shock! O.M.G.” merchandise didn’t violate any IP rights belonging to OMG Girlz, after receiving a cease-and-desist from the group. However counterclaims have been quickly filed from OMG Girlz, Tiny and T.I.’s staff.
The primary trial passed off in January 2023, however a mistrial was declared the on grounds that barred testimony accusing the corporate of cultural appropriation was launched. The second trial sided with MGA, however the decide later granted OMG Girlz’s request for a retrial.
Neither MGA, whose toy manufacturers additionally embody Bratz and Mini Verse, nor attorneys representing the corporate instantly responded to The Related Press’ requests for remark Tuesday on the decision.
MGA denied allegations of infringement and misappropriation all through the trial. In line with Rolling Stone, Paul J. Loh, one of many firm’s attorneys, known as the claims “baseless and offensive” in closing arguments — noting that MGA had bought greater than 40 million “L.O.L Shock! O.M.G.” dolls with out buyer confusion.
In a joint assertion, attorneys on the opposite aspect of the case applauded OMG Girlz, Tiny, and T.I.’s willpower and “braveness to face up for themselves and struggle a billion-dollar company’s intimidation” — including that the jury did the precise factor by holding MGA “totally accountable.”