Thursday, November 21, 2013

Week 9 EOC: Bratz Brawl

This year marks the ninth year mark for the ongoing legal battle between Mattel, the company behind Barbie, and MGA Entertainment – the company responsible for those ever-popular Bratz dolls. If you’re not familiar with the Bratz franchise, then you must not have been around a young girl around the height of its popularity: everything from video games to movies has been released to feature these big-headed, pouty lipped, multi-ethnic dolls. The hip-hop inspired dolls are just like any other fad out there for children to consume – they were introduced in 2001 and were a huge success, but have since hit their bust. Despite their decline in popularity, however, Mattel is still intent on pursuing what they believe to be theirs.

In January of this year, a federal appeals court “told Mattel it doesn't have to pay the $172 million in damages that a jury awarded MGA.” (http://www.marketplace.org/topics/business/barbie-v-bratz-never-ending-court-battle). Carter Bryant is the man behind the Bratz dolls and claims to have made his first drawings for the toy when he wasn’t working for Mattel – the toy company, however, says that he did work for them when he came up with the idea. With the decline in popularity, though, it’s safe to say that Bratz do not pose a threat to Mattel, but money isn’t the reasoning behind the on-going lawsuit. "From Mattel's perspective, it was very important for them to send a message. You can bet that anyone working for Mattel that's thinking of freelancing and coming up with a product of their own is going to think twice about how they do it," Sean McGowan, industry analyst, says. (http://www.marketplace.org/topics/business/barbie-v-bratz-never-ending-court-battle).

What is the message Mattel is trying to send? To put it simply: protecting their intellectual property. In 2008, a judge ordered MGA to “cease making the dolls immediately and to stop selling them after the holiday shopping season ends.” (http://www.cnn.com/2008/LIVING/wayoflife/12/11/bratz.vs.barbies/). MGA Entertainment has since released a statement saying that they are open to all options, but the hits haven’t stopped there. In 2011, “a U.S. District Court slapped Mattel Inc. with $88 million in damages after tossing out its claims that rival MGA Entertainment stole Mattel’s idea for their dolls and, after a two-week deliberation, the jury in Santa Ana also found that Mattel was guilty of misappropriation of trade.” (http://content.time.com/time/business/article/0,8599,2067001,00.html). The case has been a legal game of volleyball, each side receiving their own victory, but neither coming to an agreement on a settlement. As the Bratz dolls fade into history along with their predecessors, Mattel continues to fight for what they believe belongs under their copyright protection.

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