Barbie–Bratz Dolls are Big Business
Every wondered what the Bratz doll your daughter is so crazy about is worth in the greater scheme of things?
About $100 million, according to the Californian federal jury in the Barbie-Bratz doll fight. Midriff bearing Bratz dolls are really popular with tweens – girls between 7 and 12.
On July 18, the jury unanimously found that Bratz had been conceived by Carter Bryant while he was employed by Mattel. In breach of contract with Mattel, Carter sold the Bratz concept to MGA a month before leaving Matell. The jury also found that MGA had aided in the breach and its chief executive, Isaac Larian, had been complicit.
The trial was not without excitement. Directly after the jury’s finding, MGA brought an application for a mistrial as juror #8 had made certain ethnic slurs during deliberations about Larian, a Jewish immigrant from Iran. The remarks reportedly labeled Iranians as “stubborn”, “rude” and “thieves”. The errant juror was removed, but the mistrial application failed and the finding stood.
In closing arguments in the damages phase of the trial, Matell attorney, John Quinn, asked for almost $2 billion in compensation - $1 billion in Bratz profit and interest and nearly $800 million from Larian for his complicity. Quinn told the jurors that MGA had never had a hit toy before Bratz, and has since made profits of nearly $778 million. Attorney Thomas Nolan, representing MGA, told the jury it was necessary to make a distinction between concept drawings and the final dolls. The concept drawings portrayed “older, edgier and sexier dolls”, but what MGA made is prettier dolls that could compete.
On Tuesday, the jury awarded Mattel $100 million in damages – a total of $90 million in three causes of action related to Bryant’s employment contract, and $10 million, to be paid by MGA, Larian and subsidiary MGA Hong Kong, for copyright infringement. No punitive damages were awarded because Larian’s and MGA’s conduct was not found to be willful.
Mattel hailed the award as a victory, even though it fell far short of their claims, and is planning to seek an injunction to stop MGA manufacturing the Bratz line.
Larian, on the other had, is planning to appeal the award, and Attorney Nolan has contended that the three contractual awards are duplicative. U.S. District Judge Stephen Larson will decide this at a future hearing when the final amount to be paid to Mattel is determined.
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