Judge Now Says That Mattel Doesn't Get To Own All Of Bratz
from the greedy-bratz dept
We were somewhat horrified by a ruling a little over two years ago that said that because a guy employed by Mattel had created the idea for the “Bratz” doll line while employed at Mattel (but not in a doll-creating capacity), it meant that Mattel could own all of Bratz. The guy eventually took his idea to competitor MGA Entertainment, who developed and built up the Bratz line, which became the first serious challenger to Barbie’s dominance in the doll world. What really troubled us was the fact that the court ruled not just that Mattel owned the rights to the original Bratz doll idea, but that it owned everything having to do with Bratz, even plans for future dolls. While the guy worked at Mattel, all he created was a prototype, not everything that came after that. Thankfully, Judge Kozinski slapped down the lower court in much of this thinking, explaining (once again) that copyright only covers the expression, not the idea.
Judge Kozinski sent the case back to the district court, noting that it probably would mean that the entire case would need to be retried. In the first step concerning that new trial, the district court judge has ruled that Mattel cannot seek damages on later versions of the dolls, limiting that part of the case to just two original dolls. The judge noted:
“Not only do the vast majority of the subsequent generations of Bratz dolls differ in their hairstyles and fashions ? but they lack any meaningful similarities outside of ideas.”
Of course, the district court could have saved a lot of time and effort if it had just made this basic point the first time around. There will still be a trial about the initial doll designs, as well as a trade secrets claim, but, unlike the original trial, it seems that Mattel won’t end up with all of the Bratz line.
That said, the original ruling apparently did tons of damage already to MGA and Bratz. As the article notes, MGA seriously cut back on Bratz after the original ruling (why build toys that a competitor gets to own?) and many retailers stopped carrying the line as it wasn’t clear what was going to happen. So even if Mattel loses the eventual lawsuit, it seems that it may have won in the long run by seriously curtailing a strong competitor that had tremendous momentum. Just like copyright law intended…