MGA vs Mattel, Bratz vs Barbie, the damages phase Mattel still has not "won" Even if they do it just proves nasty bullies get ahead in the world,
they are the last people to speak of "morals" when speaking of
their legal dealings.
Still nothing to worry about yet, Mattel owns some of Carter's
drawings and early prototype items derived from them, so what does
that mean? Well that's what this is about. Quotes:
"The panel, which could not decide which company owns four original
drawings of the Bratz characters, must now determine whether Mattel's
drawings are "substantially similar" to dolls developed by MGA, and if
so, how much of the estimated $3 billion in profits MGA should have to
give to Mattel."
""The question is whether a consumer says these are substantially
similar," he told the jury.
But MGA attorney Thomas Nolan rejoined that the company's doll
designers had changed Bratz substantially from the concept drawings,
which "don't say nearly enough about how to make dolls that sell."
MGA went on to create more than 30 different characters and play
themes, fashions and accessories that had nothing to do with Carter
Bryant or other Mattel employees, Nolan said."Full article below.
:)
sfb
Mattel, MGA argue in damages phase of Bratz trial
Thu Jul 24
By Syantani Chatterjee
RIVERSIDE, Calif (Reuters) - Mattel Inc (MAT.N: Quote, Profile,
Research) and MGA Entertainment Inc on Wednesday laid out widely
diverging valuations of the Bratz doll franchise in the damages phase
of a U.S. copyright infringement trial that could have major
implication for both toymakers.
The jury in Riverside, California, last week found that former Mattel
designer Carter Bryant made scores of concept drawings and sculpts for
Bratz while he was employed by Mattel. The jury awarded rights to
those works to Mattel.
The panel, which could not decide which company owns four original
drawings of the Bratz characters, must now determine whether Mattel's
drawings are "substantially similar" to dolls developed by MGA, and if
so, how much of the estimated $3 billion in profits MGA should have to
give to Mattel.
While Mattel's attorneys tried to convince the 10-member jury that the
giant toymaker deserved all profits from Bratz and related
accessories, company Chairman and Chief Executive Bob Eckert appeared
to try to manage expectations.
"Regardless of the amount of damages award against MGA and its CEO in
this phase of the trial, this has been a moral victory for Mattel
employees worldwide," Eckert said in a statement handed out to
reporters at the trial.
A big damages award could compensate for sagging sales of Mattel's
iconic Barbie doll, whose U.S. sales slipped 21 percent last quarter
in the face of competition from Bratz, and could also prove a
crippling blow to family-owned MGA.
NOT JUST A DOLL
Mattel attorney Bill Price advised the jury during his opening
statement to consider basic features -- such as the dolls' stance,
clothing, eyes and other facial features -- rather than colors or
accessories in finding whether the dolls infringe on the original
drawings that Mattel owns.
"The question is whether a consumer says these are substantially
similar," he told the jury.
But MGA attorney Thomas Nolan rejoined that the company's doll
designers had changed Bratz substantially from the concept drawings,
which "don't say nearly enough about how to make dolls that sell."
MGA went on to create more than 30 different characters and play
themes, fashions and accessories that had nothing to do with Carter
Bryant or other Mattel employees, Nolan said.
The dolls might look similar to Carter Bryant's drawings "on a blink
test" but MGA built not just a doll but a successful brand, Nolan said.
Price said MGA should turn over to Mattel all profits it made from the
dolls since 2001 -- an estimated $987 million -- and should also pay
punitive damages based on the estimated $1.9 billion net worth of MGA
Chief Executive Isaac Larian.
MGA believes that no damages are appropriate, and if it is forced to
give Bratz profits to Mattel, the amount should be limited to its
first-year profits of $4.3 million, Nolan said.
In a worst-case scenario, MGA should pay no more than $422.2 million,
which subtracts the value-added products and branding devised solely
by MGA, Nolan said.
Testimony in the damages phase was expected to last two weeks.
(Writing by Gina Keating; Editing by Gary Hill)
Read the story here Current Mood: 
mattel moral?? 
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it's crazy!
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I'm not a Batman fan at all. I probably couldn't even tell you many of his villains except for who has been in the movies and the tv shows. I enjoyed the movies, and I really enjoyed Batman Begins, Dave and I went to see this last Saturday and I really enjoyed myself. I think this is one of the best comic movies today. I would have to say it's right up there with Iron Man. That's how awesome I thought it was. Let's talk about a few points. 
amused
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"Golden Girl" Estelle Getty has gone to the big lanai in the sky and died at the age of 84.
sad
