MGA Entertainment Ordered to Pay $71.5 Million for OMG Girlz Name Infringement
In a significant win for the OMG Girlz, MGA Entertainment, a leading toy manufacturer known for its popular "L.O.L. Surprise!" line, has been ordered to pay $71.5 million in damages by a federal jury for infringing on the group’s name and likeness. This landmark decision marks the culmination of a protracted intellectual property legal battle involving the teen pop group, Xscape singer Tameka "Tiny" Harris, and her husband, rapper Chris "T.I." Harris.
The jury found that the dolls from MGA’s "L.O.L. Surprise! O.M.G." lineup bore a striking resemblance to the OMG Girlz, both in name and design. Dressed in clothing that closely mimicked the band’s aesthetic, the dolls were determined to have infringed upon the group’s "trade dress," as well as misappropriating their "name, likeness, and identity." The total damages awarded comprised $17.9 million in actual damages alongside a staggering $53.6 million in punitive damages.
This verdict provides a measure of justice for the OMG Girlz, especially for Zonnique Pullins, who is both a member of the group and the daughter of Tiny Harris. Upon hearing the verdict, Pullins, along with her fellow group members Bahja Rodriguez and Breaunna Womack, expressed their elation on social media. Rodriguez stated, “This is for creatives everywhere,” emphasizing that this ruling sends a strong message about standing up against corporate exploitation of individual creativity.
The dispute began years ago when MGA filed a lawsuit aiming to assert that its products did not violate the OMG Girlz’s intellectual property rights after receiving a cease-and-desist letter. This initiated a complex legal back-and-forth, resulting in multiple trials. An initial trial in January 2023 ended with a mistrial due to improper testimony related to allegations of cultural appropriation, while a subsequent trial initially ruled in MGA’s favor. However, the judge later granted a retrial that led to the recent jury decision.
MGA has consistently rejected allegations of infringement and misappropriation, referring to the claims as “baseless and offensive.” During closing arguments, Paul J. Loh, one of MGA’s attorneys, noted that the company had sold over 40 million "L.O.L. Surprise! O.M.G." dolls without causing consumer confusion, attempting to argue against the validity of the claims.
In response to the verdict, attorneys representing the OMG Girlz, Tiny, and T.I. commended their clients for their bravery and determination to stand up to a billion-dollar corporation. They expressed confidence in the jury’s decision, outlining that it reinforced the accountability of corporations in protecting the intellectual property rights of individuals and creatives.
The outcome of this trial not only underlines the importance of intellectual property rights in the entertainment industry but also sets a precedent for similar cases moving forward. Creatives are encouraged to protect their identities and brands, establishing a legal framework that prevents larger corporations from profiting at their expense.
