The newest twist in the saga says Mattel can’t pursue copyright infringement claims against the range other than the first four, introduced in 2001, and two later models.
A US District Judge granted a request by MGA to preclude Mattel from seeking infringement damages “against all subsequent generation Bratz dolls with the exception of Ooh La La Cloe and Formal Funk Dana.”
MGA asked the judge to reconsider his decision on the trade-secret theft claims, which are valued at $1.1 billion, citing a report by Mattel’s expert on damages. MGA said the remaining copyright claims are valued at no more than $28 million. The trade-secret theft claims should be preempted by copyright law, MGA said.
“If MGA did not copy original elements either because those elements were not original or because they were ideas and not protectable expression, then MGA did not use any Mattel trade secret, even assuming Mattel had one,” said an MGA statement.