A Legal Battle Marked by Multiple Trials
MGA first filed suit in 2020, seeking a declaratory judgment that its L.O.L. Surprise O.M.G. dolls did not infringe on the intellectual property or publicity rights of the OMG Girlz, a pop group owned by the Harrises. The Harrises and their companies filed counterclaims alleging that MGA’s doll line intentionally copied the group’s distinctive style and likeness.
The case has already seen a mistrial and two jury verdicts. In September 2024, a third jury awarded the Harrises $17.8 million in compensatory damages and $53.6 million in punitive damages, finding that MGA willfully infringed the trade dress and publicity rights of the OMG Girlz brand.
Judge Selna later vacated the punitive damages award but upheld the compensatory damages, ruling that the evidence did not sufficiently prove willful infringement. The judge then ordered a partial retrial limited to the punitive damages issue, prompting MGA’s motion for interlocutory appeal.
Key Legal Backdrop: The Jack Daniel’s Decision
The third trial followed the U.S. Supreme Court’s 2023 decision in Jack Daniel’s Properties Inc. v. VIP Products LLC, which limited the use of the First Amendment as a defense in trademark cases. The high court ruled that defendants cannot claim free expression protection when using another’s mark as their own.
Judge Selna had granted the new trial after concluding that earlier juries were improperly instructed under the now-limited Rogers test, a doctrine the Supreme Court curtailed in Jack Daniel’s.
