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LISA-GREEN

NBC News producer and legal analyst
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Articles Posted: 26  Links Seeded: 0
Member Since: 3/2009  Last Seen: 6/11/2010

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Barbies v. Bratz?

Wed Apr 29, 2009 5:20 PM EDT
By lisa-green
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You may have thought any war between iconic-but-innocent Barbies and upstart-and-trashy Bratz would take place in toy stores, or maybe in the minds of exasperated parents trying to decide which doll was less objectionable. But for the past four years, a battle has raged in federal court, where Mattel, the makers of Barbie, sued MGA Entertainment, the makers of Bratz.
The case, closely watched by intellectual property lawyers, has a copyright infringement element, but is also about idea theft: Mattel alleged that Carter Bryant, who designed Bratz, invented them while still working for Mattel.
Last year a jury awarded Mattel $100 million in the dispute. (If that sounds like big money, consider this: Mattel asked for almost $2 billion.
This week, a judge upheld the verdict and confirmed that Bratz now belong to Mattel. He also appointed a receiver to run the business of making Bratz. The judge will decide on May 18 whether that receivership should be permanent; meanwhile, MGA Entertainment says it will appeal the ruling.
If this seems like much ado over plastic playthings, remember that competition matters. Consider this, according to the Associated Press, a few years after Bratz were launched, Barbie sales fell 15 percent in 2007 and 12 percent in the first quarter of 2008 (when the economy, and therefore the toy market, was more robust), likely due to competition from the more "exotic" Bratz lineup.

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NavyWife-1029645

Note to self:

Be careful what you think about when you're working for a large company with tons of money. They'll likely try to sue your pants off and "steal" back what they say your mind stole from them in the first place.

This is goofy, America. Really? This is news? Or even an acceptable way to act? Good grief. Makes me want to move to a different country.

    Reply#1 - Thu Apr 30, 2009 12:37 AM EDT
    Swede1344

    NavyWife- I am totally with you on this one. Corporate culture, aka Greed and Ego will bring this country to it's knees, and this prediction of mine from about 20 years ago has come to roost. They can not stand the concept of original ideas. You need to be part of the collective mindset of the culture. If this doesn't sound a bit snakey, nothing does.

      Reply#2 - Fri May 1, 2009 1:04 AM EDT
      kmbrplmr

      This ruling is no surprise. Mattel is entitled to what their employee did while on Mattel's payroll. What that designer (who was hired and being paid to design) did is tantamount to theft and it cost Mattel dearly. Making money is what makes our economy and this country run (ever heard of capitalism?) What MGA and Bryant did was tantamount to theft.

        Reply#3 - Wed Jul 22, 2009 2:53 PM EDT
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