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Copyright infringement? BRATZ / stolen or not? – 88 million

Copyright infringement? BRATZ / stolen or not? - 88 million

Bratz is a line of toys, featuring dolls with exaggerated facial features, owned by American MGA ENTERTAINMENT. The first dolls were launched in 2001, but the real success came in 2005 / 2006 when sales reached about two billion. The growth in market share (up 40%) came at the expense of Mattel's Barbie.
 

When the Mattel My Scene line came (same body as Barbie but with larger head and eyes – like Bratz), first blood was drawn.  Bratz launched a case against Mattel. Mattel also initiated a case against MGA since the BRATZ doll was designed by a former Mattel employee, during his time with Mattel.
Initially, Mattel won, despite the statement by the designer that he was not employed by Mattel in 1998 and that the doll was developed during a period when  he was self employed between two the jobs. Ultimately, the federal court in California decided that MGA had not stolen the doll from Mattel. MGA will get a compensation of over $ 88,000,000. Mattel will appeal against the verdict.
This case illustrates the importance of good and water-tight contracts with freelancers or self-employed workers. If changing employers within an X number of years was regulated in the designer’s contract all this may have been prevented.
 

About Abcor

Abcor specializes in applying for trademark and design rights. We do this worldwide for both SMEs and international companies, but often everything starts with an initial Benelux application. Our aim is to relieve the client of all the worries, which is why we take care of all the steps, from initial advice on what to apply for and how, right through to registration.

In addition to applying for trademarks, we also manage portfolios for our clients. We ensure that trademarks are renewed on time, that the right organizations are paid (given the many fraudulent companies), and we support our clients on issues.

In addition, we are sparring partners for our customers on new products and how to shape and claim new ideas.

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Newsletter: Abcor ABC Magazine

Een korte introductie tekst over de nieuwsbrief waarin je uitlegt wat het is. Hoe je direct de nieuwste editie kunt lezen en hoe je je kunt abonneren. And click here for all the numbers.

Among others in this issue:
• EUIPO vs Mora TV: weigering geluidsmerk
• Jägermeister vs Alte Heiler: stop Russische copycat
• Stichting Nederlandse Top 40: gericht op Benelux?
• Tijdschrift HART vs Hermitage: soortgelijkheid
• Monique Granneman: nieuwe partner Abcor

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