Photo: MGA Entertainment Inc. v. Clifford T.I. Harris et al, No. 2:2020cv11548
After an ongoing battle between MGA Entertainment and the Harris family, a California court ruled that the toymaker MGA Entertainment violated the intellectual property rights of the pop group OMG Girlz. MGA Entertainment will pay more than $71 million in damages related to the use of the group’s likeness in a popular line of dolls.
The OMG Girlz pop group was formed in 2009 by companies owned by rap mogul Clifford (T.I.) Harris and his wife, R&B star Tameka (Tiny) Harris. The group featured their eldest daughter, Zonique Pullins, as well as Bahja Rodriguez and Breaunna Womack. They were signed in 2011 to the Pretty Hustle record label and released several albums until the group disbanded in 2015. In 2019, MGA launched the L.O.L. Surprise! O.M.G. Dolls, which featured several different dolls. This doll quickly became a trendy collectible, and within five months of its launch, it became a top-selling doll.
This battle began in 2020 when Mr. and Mrs. Harris filed suit against MGA Entertainment over the dolls. It took two trials and one mistrial to reach the $71 million verdict. According to Bloomberg Law, “Judge James V. Selna declared a mistrial in the first trial in January last year after prohibited testimony on cultural appropriation was introduced. Following the second trial, a jury in May 2023 cleared MGA of infringing. Selna granted OMG Girlz’ request for a new trial, concluding that the jury had been improperly instructed to apply the Rogers Test—which balances free speech and the appropriation of trademarks—which changed after the June 2023 U.S. Supreme Court decision in Jack Daniel’s Properties Inc. v. VIP Products LLC shortly after the verdict.”
Finally, after a three-week trial in Orange County, California, the Harris family was awarded damages, including $17.8 million in compensatory damages and $53.6 million in punitive damages. During the trial, OMG Girlz group members testified that the dolls mimicked their names, outfits, styles, and ensembles from specific events. Since the dolls have been on the shelf, fans of the group have often assumed that the dolls were intentionally made to look like the group. Lawyers for MGA argued that the dolls were not made in the likeness of the group and, due to the group’s short-lived fame, had not lost any business opportunities because of the dolls.
The Harris family and OMG Girlz are basking in their victory. In a statement following the verdict, the OMG Girlz expressed, “We hope this case makes companies think twice about taking an artist’s intellectual property without their permission.” However, despite the win, there is still a chance for MGA to appeal and continue the OMG saga. This case serves as an example of artists taking action to protect their intellectual property rights and as a warning to companies that seek to exploit them.
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