Exhibits of OMG’s Intellectual Property: MGA Entertainment Inc. v. Clifford T.I. Harris et al, No. 2:2020cv11548
The Rise of OMG Girlz
The OMG Girlz pop group formed in 2009, founded by rap mogul Clifford (T.I.) Harris and his wife, R&B star Tameka (Tiny) Harris. The group included their daughter, Zonique Pullins, along with Bahja Rodriguez and Breaunna Womack. They signed with the Pretty Hustle record label in 2011 and released several albums until disbanding in 2015. In 2019, MGA launched the L.O.L. Surprise! O.M.G. Dolls, which featured various dolls inspired by the group. This line quickly became a trendy collectible, ranking among the top-selling dolls within five months of its launch.
Legal Proceedings
The legal battle began in 2020 when the Harris family sued 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 January after prohibited testimony on cultural appropriation was introduced.” In May 2023, a jury initially cleared MGA of infringement. However, Judge Selna later granted OMG Girlz a new trial, noting that the jury received improper instructions on applying the Rogers Test, which balances free speech and trademark appropriation. This ruling came after the U.S. Supreme Court’s decision in Jack Daniel’s Properties Inc. v. VIP Products LLC.
Verdict and Implications
After a three-week trial in Orange County, California, the Harris family received $17.8 million in compensatory damages and $53.6 million in punitive damages. During the trial, members of OMG Girlz testified that the dolls copied their names, outfits, styles, and ensembles from specific events. Many fans assumed the dolls were intentionally designed to resemble the group. MGA’s lawyers contended that the dolls were not based on the group and argued that the girls had not lost business opportunities due to the dolls’ existence.
Following the verdict, the Harris family and OMG Girlz celebrated their victory. In a statement, the group said, “We hope this case makes companies think twice about taking an artist’s intellectual property without their permission.” However, MGA may still appeal, potentially prolonging this saga. This case exemplifies the importance of protecting intellectual property rights and serves as a warning to companies that attempt to exploit artists.
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