Jury awards teen pop group OMG Girlz $71.5 million in battle with toy
maker over "L.O.L." dolls
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[September 25, 2024]
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.
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The OMG Girlz perform at the Essence Music Festival in New Orleans,
July 5, 2012. (Photo by Bill Haber/Invision/AP, F)
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.”
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