("=WSJ: MGA Entertainment Wins Back Rights To Bratz Dolls," published at 5:09 p.m. ET, gave an incorrect month for when 10 new Bratz dolls will hit store shelves).
By Ann Zimmerman
Of THE WALL STREET JOURNAL
Toy maker MGA Entertainment Inc. notched a significant legal
victory Thursday, winning back the rights to its popular Bratz doll
line from Mattel Inc. (MAT), but the long-running doll war case
will likely be retried.
In a unanimous decision, the Ninth U.S. Circuit Court of Appeals
in San Francisco threw out a district court's injunction that
essentially ordered MGA to turn over its line of pouty-lipped, big
headed Bratz dolls to Mattel, maker of the iconic Barbie doll.
"We always believed that in the end the right thing would
happen," said MGA Chief Executive Isaac Larian, referring to
Thursday's ruling.
(This story and related background material will be available on
The Wall Street Journal Web site, WSJ.com.)
The court ruled that the trial judge had made errors in
instructing the jury. As a result, "it's likely that a significant
portion--if not all--of the jury verdict and damage award should be
vacated, and the entire case will probably need to be retried,"
wrote Chief Judge Alex Kozinski.
"We look forward to a full trial on all of Mattel's claims
against MGA," Mattel said in a statement.
In anticipation of winning the appeal, Larian manufactured 10
new Bratz dolls that will hit store shelves in October. Calling it
a calculated gamble, he said, "If I had let Bratz die and they
ruled in my favor, [the brand] would have been dead."
Two years ago, a jury in Riverside, Calif., awarded Mattel $100
million in damages in a closely followed lawsuit that claimed
copyright infringement and breach of contract because the dolls'
designer was under contract to Mattel when he developed the Bratz
concept and sold it to MGA.
At the time, federal Judge Stephen Larson further ordered that
MGA hand over the Bratz franchise and name to Mattel by the
beginning of 2010 and destroy all Bratz products remaining on store
shelves.
A three-judge federal appeals-court panel suspended that order
in December until the court ruled on MGA's appeal, which argued
that Judge Larson overreached in his decision and questioned the
extent to which a corporation can own its employees' ideas.
MGA took a big financial hit in the lawsuit, spending more than
$100 million in legal fees and losing the revenue stream from the
company's biggest toy brand. At its height in 2005, Bratz generated
more than a $1 billion a year in sales that cut deeply into
Mattel's sales of Barbie dolls. Bratz dolls' popularity has faded
recently; analysts estimate the dolls generated about $300 million
in revenue last year.
Since the trial judge's ruling, the proceeds from Bratz sales
has been put into an escrow account until all appeals have been
exhausted.