Zuru Group wins lawsuit against MGA Entertainment over 5 Surprise

Zuru Group has won the case it brought against MGA Entertainment that challenged the toymaker’s efforts to ‘eliminate healthy competition in the toy industry,’ when the two went head to head over the design of Zuru’s 5 Surprise and MGA’s LOL Surprise toy lines. 

Filed in August 2019, the lawsuit challenged MGA’s assertion of copyright, trademark, and trade dress intellectual property rights infringement in the design of Zuru’s 5 Surprise, unwrapping toy. 5 Surprise is a compartmented ball that kids unwrap and open to reveal a hidden assortment of toys.

MGA’s assertion was that its design infringed on the company’s own LOL Surprise design, and unboxing ball that houses a LOL Surprise doll and its accessories.

A California State Court has now denied MGA’s motion for a preliminary injunction. The Court has also dissolved the previously issued TRO because ‘MGA had failed to show a likelihood of success on the merits of its claims of infringement in relation to its LOL product.’

Zuru also alleged that MGA was involved in ‘unfair competition’ designed to ‘unfairly maintain market share, stifle legitimate competition and monopolise the unwrapping surprise toy segment.’

Zuru Group’s director and COO, Anna Mowbray announced the company’s win in a social media post this week.

Mowbray has now stated the company’s intentions to “recover all of its losses associated with the premature attempt to stifle competition and bully those deemed to be a threat.”

About Robert Hutchins

Robert Hutchins is the editor of Licensing.biz and ToyNews. Hutchins has worked his way up from Staff Writer to the position of Editor across the two titles, having spent almost eight years with both ToyNews and Licensing.biz, and what now seems like a lifetime surrounded by toys. You can contact him by emailing robert.hutchins@biz-media.co.uk or calling him on 0203 143 8780 You can even follow him on Twitter @RobGHutchins if ranting is your thing...

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