• No Good News for MGA Entertainment

    by  • June 16, 2009 • trademark

    The Court of Appeals for the Ninth Circuit (Kozinski, Paez and Tallman) has summarily denied MGA Entertainment’s motion for a stay pending appeal: “MGA Entertainment, Inc., MGA Entertainment HK Ltd. and Isaac Larian’s (‘MGA’s’) motion for a stay pending appeal is denied. MGA has not met the prevailing standard to show a substantial likelihood of ultimate success on the merits. See Hilton v. Braunskill, 481 U.S. 770, 776 (1987).”

    Hearing schedule? “MGA’s unopposed motion to expedite the briefing and hearing is granted. The following briefing schedule governs these cross-appeals: MGA’s principal brief is due July 10, 2009; Mattel’s principal/response brief is due August 10, 2009; MGA’s response/reply brief is due September 9, 2009; and Mattel’s optional reply brief is due within 14 days after service of the response/reply brief. The briefs and all courtesy copies must be received by the court on or before the dates that the briefs are due. These cross-appeals will be calendared before the first available panel following the completion of briefing.” So no hearing until at least late September. Meanwhile, the forking over of sensitive information commences.

    Carter Bryant v. Mattel, Inc., Docket No. 09-55812, Document 11.

    © 2009 Pamela Chestek