Property, intangible

a blog about ownership of intellectual property rights and its licensing

Bratz Verdict!

The verdict is in, but not without some confusion. Reuters reported a verdict for Mattel for $100 million, AP says $40 million. I suppose either way it’s a lot of money.

Here’s the horse’s mouth, see for yourself. For all parties combined it could be $100,031,500, plus a little interest: $66,031,500 from MGA, $33,000,000 from CEO Issac Larian, and $1,000,000 from MGA Hong Kong. Of the $100 million, only $10 million was for copyright infringement; the rest was for tort claims. No willful infringement, and no punitive damages.

But Reuters is also reporting that MGA is claiming a mistake, that the three identical awards for intentional interference with contractual relations, aiding and abetting breach of fiduciary duty, and aiding and abetting breach of the duty of loyalty were duplicative, not additive.

The verdict form also shows there was fraudulent concealment. No questions on damages for it on the verdict form, so I suppose we’ll see more on that later. Even after the award is straightened out it looks like we’re still far from over; the docket shows both parties have pending motions for JMOL (docket numbers 4264 and 4265). Then there’s the matter of injunctive relief. And the appeals.

© 2008 Pamela Chestek

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