Has Mattel finally lost the battle over Bratz?

The El Segundo-based toymaker says it's evaluating its options after a federal judge turned down its request for a new trial. From its statement:

We are disappointed with the recent rulings on the post-trial motions. Mattel strongly believes that the outcome at the trial level is not supported by the evidence or the law. Additionally, we remain committed to finding a reasonable resolution to the litigation, and are focused on our primary goal - to make and sell great toys.

The battle with Van Nuys-based MGA over which company should control the Bratz franchise has been going on for seven years, and the only thing that Mattel has gotten for its troubles is a very large legal bill. To recap:

--2004: Mattel files suit against MGA, alleging that Bratz designer Carter Bryant was employed at Mattel when he created the Bratz dolls.

--July 17, 2008: Federal jury finds that Bryant created the Bratz dolls while he was working for Mattel, and that MGA was liable for converting Mattel property for its own use.

--August 26, 2008: Jury awards Mattel $100 million in damages.

--December 3, 2008: U.S. District Judge Stephen G. Larson issues permanent injunction against MGA, requiring the company to remove all Bratz products from store shelves.

--December 10, 2009: U.S. Court of Appeals for the Ninth Circuit grants MGA a stay of the injunction.

--July 22, 2010: Ninth Circuit Court of Appeals rules that MGA owns the Bratz franchise, determining that Larson had abused his discretion with his ruling for Mattel.

--January 18, 2011: Retrial begins.

--April 21, 2011: Federal jury returns verdict supporting MGA.

That brings us up to yesterday's ruling, in which U.S. District Court Judge David Carter ordered Mattel to pay MGA $310 million in punitive damages and legal fees. A few things worth noting. One is that the Bratz brand is not generating nearly the sales that it once did. Two is that Bratz has never been considered a game-changer - even if Mattel were given custody of the doll. Three is that appealing the most recent ruling is probably a long-shot (not to mention time-consuming and expensive). Mattel is certainly not known for giving up these sorts of cases, but perhaps on this one it's time.


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Mark Lacter
Mark Lacter created the LA Biz Observed blog in 2006. He posted until the day before his death on Nov. 13, 2013.
 
Mark Lacter, business writer and editor was 59
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