BRATZ/BARBIE CASE: Evidence erased?

Did Bratz creator erase crucial evidence from his PC?
Author:
Publish date:
Social count:
0
5_Pocoyo.jpg

Carter Bryant, the creator of Bratz, erased files from his computer two days before handing it over as evidence in the lawsuit filed by Mattel, says a judge in the ongoing case.

Mattel has sued MGA, claiming it owns the original Bratz concept drawings and that the doll's creator, Carter Bryant conceived it while he was under contract to Mattel as a Barbie designer.

Mattel contends that MGA poached Bryant then tried to hide the connection when Bratz became a hit in 2001.

Lawyers for both sides said Bryant had erased files, but they disagreed on what he intended to erase.

US District Judge Stephen Larson said the fact that Bryant used a program called Evidence Eliminator on his computer a few months after Mattel sued him and Bratz maker MGA in 2004 "is relevant to his credibility as a witness".

Defence attorneys for MGA, which is battling to keep its rights to the urban chic dolls, contended that Bryant had merely intended to erase sexually explicit pop up ads.

The lost files possibly included documents relevant to the case, such as emails or drawings, Mattel attorneys said.

The program, sold as a security utility, boasts "secure deletion processes similar to US Government Military Standards," according to its web ads.

Mattel reached a confidential settlement with Bryant before the trial started on May 27th. Bryant is expected to testify later this week.

MGA founder and Chief Executive Isaac Larian spent a third day on the witness stand explaining, under questioning from his company's attorney, what Mattel had portrayed as attempts to hide Bryant's involvement with Bratz.

Larian has repeatedly denied on the witness stand that he intentionally tried to hide Bryant's identity.

He testified that MGA had conversations with Mattel representatives about the bigger company licensing and distributing the soon-to-be launched Bratz in February of 2001.

And MGA attorney Thomas Nolan pointed out a 2003 Wall Street Journal article, in which Larian credits Bryant, "a former member of the Barbie team," with creating Bratz.

That article came about five months after an email to Larian in which an MGA executive remarks that the company "wants to keep Carter under wraps."

Larian said that he had already received a cease and desist letter from Mattel over a Bratz fan site and feared the success of the doll line would draw his larger rival's ire.

"Mattel had sued literally anybody who got into the fashion doll business," he said.

He advised his sales staff in a June 2001 email that "MGA has full, free and clear rights to Bratz trademark and Bratz dolls. I have been advised that Mattel is spreading rumors that there are legal issues regarding Bratz. This is untrue."

Related

Featured Jobs

Vivid Job Logo 620 x 349

Digital Marketing Executive - Toys & Games

Vivid is Britain’s biggest toy company and the 20 largest in the world. With offices across the globe, they sell an amazing portfolio of toys and games to over 60 countries. Vivid is best known for its association with blockbuster brands and is very excited about future opportunities around the world.

Liberty

UK Sales Agents

Liberty House Toys have been appointed as the exclusive UK distributor for the BiOBUDDi brand, and we are pleased to introduce this new unique, innovative and exciting range of 100% environmentally-friendly toy building blocks. We are seeking experienced sales agents with existing network in the toy retail market.

Gameplan Job Logo 620 x 349

Head of Product Development & Marketing

Our client is a privately owned French toy and games manufacturer which sells through distributors in forty countries. The company develops and sells innovative electronic interactive toys and games for the educational and gaming markets, and also takes suitable licenses. To progress its successful business development a Head of Product Development & Marketing is to to recruited.

HIT Entertainment Job Logo 620 x 349

Licensing Systems Administrator

The Contract System Coordinator is a newly created role to support the deal term entry process into Mattel’s new Contract Management System for its Licensing business. The role will support the Business Teams at the Deal & Amendment phase of the contracting process and act in conjunction with the System Administration team.