OMG Girlz is a teen pop girl group created in 2009 by Tameka “Tiny” Harris and her now husband Clifford Joseph Harris Jr., professionally known as the artist “T.I.” The group was mostly known for the members’ eccentric outfits and fluorescent hair, but they never released an album.
In 2019, MGA Entertainment, a children’s toy manufacturer known for the successful Bratz dolls, released their new line of dolls called the “L.O.L. Surprise! OMG Dolls.” The dolls had the appearance of a flashy girl pop group and many of the dolls had fluorescent hair. The dolls were an immediate success.
In 2020, T.I.’s attorneys sent a “cease and desist” letter to MGA asserting that their line of dolls infringed upon the OMG Girlz’ intellectual property. The Harrises claimed that MGA infringed upon their “trade dress” by copying the combination of bright-neon-colored hair, the abbreviation “OMG,” and the edgy, experimental outfits the group was known for wearing. MGA CEO Isaac Larian defended the accusation by taking the position that the dolls’ style was merely based on the music trends and looks of many artists from the early 2010s, including Katy Perry and Nicki Minaj.
In the first trial in the Central District of California in early 2023, the lawyers for T.I. and Tiny Harris made the argument that MGA was engaging in cultural appropriation. However, this argument (and evidence supporting it) was found to be inadmissible by US District Court Judge James V. Selna. Notwithstanding that ruling by the Court, jurors eventually heard a deposition of a MGA customer who claimed that she would never buy MGA products again because she did not want to spend her money on “a company that steals from African Americans and profits off their ideas.” Based upon this testimony, MGA moved for a mistrial, which was granted by the Court.
Thereafter, a second trial was held in the Central District of California in May 2023. During the second trial, jurors were instructed about the Rogers test for trademark infringement. The Rogers test required that when one uses another’s trademark in a product, film, or other “expressive work,” one must prove “artistic relevance” in connection with the use of the trademark and that the producer/manufacturer is not misleading the public, in order to avoid liability for trademark infringement. Therefore, the jury in this case had to consider whether the use of the OMG and other elements were misleading as to whether the dolls were actually endorsed by the pop group. The jury ruled in favor of MGA, finding that their dolls were artistically expressive and that they were not tricking people into thinking they were dolls based on the OMG Girlz.
Then, a couple weeks after the jury issued their verdict for MGA, on June 8, 2023, the United States Supreme Court came down with a landmark decision regarding the test for trademark infringement. While analyzing whether or not a dog toy that resembled a Jack Daniel’s whiskey bottle infringed upon Jack Daniel’s trademark, the Supreme Court limited the Rogers test. The Supreme Court ruled that the Rogers test does not apply to a situation where one improperly uses the trademark of another to market their own product. In response to this change in law, the Harris’s lawyer filed a motion for a new trial, arguing that the jury would have delivered a different result if they used the new law from the Jack Daniel’s case. Judge Selna granted the Harris’s motion for a new trial.
Finally, almost like a three act play, the third trial began on September 3rd, 2024. Most of the evidence presented by T.I.’s attorneys was about the fame of the OMG Girlz and comparing their likeness to the dolls. While the OMG Girlz had never released a studio album, the Harris’s team showed the pop group’s fame through their appearances on the Harris’s reality TV show, “T.I. & Tiny: The Family Hustle,” along with a total of 50 million views on their Youtube channel. MGA claimed that they had never even heard of the OMG Girlz before the trial and that the dolls do not look similar to the pop group. After analyzing the likeness of 32 of the OMG Dolls, the jury found that 25 of the dolls infringed or misappropriated the image and/or likeness and/or “trade dress” of the OMG Girlz. The jury found that the infringement was purposeful or was done with intent to commit fraud, exposing MGA to punitive damages. Punitive damages are additional damages that are awarded to effectively punish a defendant for malicious actions.
On September 23, 2024, the jury found in favor of the Harrises, awarding them nearly $71.4 million in damages. The verdict consisted of $17.8 million of compensatory damages and $53.6 million in punitive damages. Tiny Harris told reporters that she is super happy with the result and gave a special thanks to her legal team. When talking about the feeling of losing one trial to then win and be awarded such a large verdict, Harris admitted that “It was just a terrible thing for us but, you know, we brought it back in and the third time was the charm.” MGA CEO Isaac Larian told reporters that MGA plans to appeal the decision.
The Harrises are represented by John R. Keville, Robert L. Green, Chante B. Westmoreland and Valerie E. Alter of Sheppard Mullin Richter & Hampton LLP, and Jiepu “Bobby” Li of Winston & Strawn LLP.
MGA and Larian are represented in-house by Elizabeth S. Lachman, and by Mark A. Finkelstein of Umberg Zipser LLP, and Paul J. Loh, Jason H. Wilson, Kenneth M. Trujillo-Jamison and Breeanna N. Brewer of Willenken LLP.
The case is MGA Entertainment Inc. v. Harris et al., case number 2:20-cv-11548, in the U.S. District Court for the Central District of California.
*Lowe & Associates (“The Firm”) is a boutique entertainment and business law firm located in Beverly Hills, California. The firm has extensive experience handling cases involving trademark law, having provided top-quality legal services to its clients since 1991. The Firm is recognized for its many achievements, including successfully litigating many high-profile cases.
