MGA Entertainment Inc. v. Harris et al.

CASE NAME: MGA Entertainment Inc. v. Harris et al.

TYPE OF CASE: Trade dress infringement`

COURT: U.S. Central District

JUDGE(S): U.S. Magistrate Judge Alicia G. Rosenberg; U.S. District Judge James V. Selna

DEFENSE LAWYERS: Keller/Anderle LLP, Jennifer L. Keller, Chase A. Scolnick, Jay P. Barron, Reuben C. Cahn, Gregory M. Sergi. Anand R. Sambhwani; Umberg Zipser, Mark A. Finkelstein; MGA Entertainment Inc., Elizabeth Lachman, Laurence Cheng

PLAINTIFF LAWYERS: Winston & Strawn LLP, Erin R. Ranahan, Cesie Alvarez, Jiepu "Bobby" Li; Sheppard, Mullin, Richter & Hampton LLP, John R. Keville, Robert L. Green, Chante B. Westmoreland; The LaMarr Firm PLLC, B'Ivory LaMarr

Jennifer L. Keller didn't play with dolls growing up. "I despised dolls. I was into BB guns and baseball bats," the Keller/Anderle LLP founding partner said.

But as a defense lawyer, Keller won big for toymaker client MGA Entertainment Inc. in the Bratz dolls case more than a decade ago -- and she repeated the feat in 2023 by winning counterclaims and a declarative judgment for MGA over the design of its lucrative line of "L.O.L. Surprise! O.M.G." dolls. MGA Entertainment Inc. v. Clifford T.I. Harris et al., 2:20-cv-11548 (C.D. Cal., filed Dec. 22, 2020).

The federal jury ruled for Keller's client in the $300 million trade dress infringement suit on claims that MGA Entertainment misappropriated the likeness of the OMG Girlz, a music group managed by R&B singer Tameka "Tiny" Harris. The group had been signed to Grand Hustle Records, founded by rapper Clifford "T.I." Harris.

At the close of the two-week trial, Keller told the jury, "to hustle doesn't just mean to work hard. A 'hustle' can also mean a 'con,' and I think that's what we're looking at." The OMG Girlz' claims against her client amount to "a shakedown," Keller added.

Keller put on the stand MGA Entertainment's CEO, who strongly denied that his company drew any inspiration from the OMG Girlz when designing the "L.O.L. Surprise! O.M.G." dolls. MGA Entertainment has created fashionable and trendy dolls for decades, the CEO said.

"We made it quite clear and the jury came to the right conclusion," said Keller/Anderle's Chase A. Scolnick. "The other side was seeking money they didn't earn for IP they didn't own."

Keller said the strongest evidence for her side came from MGA Entertainment's designers, who showed the jury the large "mood boards" on which they had assembled a wide variety of cultural references to inspire their L.O.L Surprise! dolls.

"When the designers showed how complicated the process was, it was compelling evidence, and jurors could see the dolls were all entirely original."

The jury was out for an hour and a half. "The absurdity of their claims was their undoing," Scolnick said.

John R. Keville, the Harrises' lead trial counsel and the managing partner of Sheppard Mullin Richter & Hampton LLP's Houston office, did not return a message seeking comment. At trial, he and colleagues from Winston & Strawn LLP alleged that the OMG Girlz dolls' outfits and aesthetic look, such as voluminous skirts and colorful hair, closely resemble the singers in the pop group.

Said Keller: "Their claim was based on a girl band nobody had heard of, and we proved it with a survey expert."

-John Roemer