Thursday, December 4, 2008

Barbie vs. Bratz

Yesterday, a judge in LA banned MGA Entertainment Inc. from selling Bratz dolls; however he did rule that the ban would take effect after the holiday shopping season.

This decision was made after Mattel, the producers of Barbie, sued MGA for copyright violation, claiming that Carter Bryant, the creator of the Bratz dolls, came up with the concept while still working at Mattel. The decision follows the jury's decision which found MGA guilty of copyright infrigement and awarded Mattel "$10 million for copyright infringement and $90 million for breach of contract" (Flaccus).

However, the jury's findings failed to state which Bratz dolls they considered a copyright/contract violation. Originally there were 4 Bratz dolls (none of which are still produced) and now there are over 40. MGA argued that only the 1st generation of the dolls violated copyright; but in the final ruling the judge deemed that all the Bratz dolls are in violation. Thus, after the holiday season, the Bratz dolls will stop being sold/produced by MGA.

What I find most interesting about this case is that the jury found the Bratz doll a case of copyright infringement. I understand that since Carter Bryant had the idea for the dolls at Mattel and instead sold it to MGA and not Mattel, its can be considered a breach of contract. However, to me it still seems unclear exactly how its a form of copyright infringement.

Associated Press: "Judge bars MGA from selling Bratz dolls"

0 comments: