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Toys in the News 09/27/2024
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Jury awards teen pop group OMG Girlz $71.5 million in battle with MGA over “L.O.L.” dolls
The OMG Girlz were awarded $71.5 million in damages after a federal jury found that MGA Entertainment’s “L.O.L. Surprise! O.M.G.” dolls infringed on the group’s name and likeness12. This verdict concluded a yearslong intellectual property dispute involving multiple trials.
The jury determined that MGA’s dolls had a name and style similar to the OMG Girlz, including lookalike clothing, which infringed on the group’s “trade dress” and misappropriated their "name, likeness, and identity"3. As a result, the jury awarded the OMG Girlz $17.9 million in real damages and $53.6 million in punitive damages3.
Members of the OMG Girlz, including Zonnique Pullins, Bahja Rodriguez, and Breaunna Womack, celebrated the verdict, emphasizing the importance of protecting creative rights3. MGA Entertainment, on the other hand, denied the allegations throughout the trial, arguing that their products did not cause customer confusion3.
Who are The OMG Girlz, short for “Officially Miss Guided”? An American girl group that was formed in 2009. The group originally consisted of four members: Zonnique Pullins (known as Star), Bahja Rodriguez (known as Beauty), Breaunna Womack (known as Baby Doll), and Lourdes Rodriguez (known as Lolo). However, Lolo left the group early on, and the trio continued to perform together. The OMG Girlz gained popularity with their vibrant style and catchy songs, appealing to a younger audience. Some of their popular tracks include “Gucci This (Gucci That)” and “Where the Boys At?” They were known for their energetic performances and unique fashion sense, which set them apart in the music industry. The group disbanded in 2015, but they have remained influential figures in the entertainment world. Recently, they were involved in a legal battle over intellectual property rights, which they won, highlighting the importance of protecting creative right. Why did Lourdes Rodriguez leave the group? Lourdes Rodriguez, known as Lolo, left the OMG Girlz early in their career. While the exact reasons for her departure haven’t been widely publicized, it’s common for group dynamics and personal decisions to influence such changes. After Lolo’s exit, the remaining members continued to perform as a trio and achieved significant success.
This case highlights the significance of intellectual property rights and the protection of creative works in the entertainment industry.
There have been several high-profile intellectual property disputes in the entertainment industry over the years. Here are a few notable ones:
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Mike Tyson’s Tattoo: In 2011, tattoo artist S. Victor Whitmill sued Warner Bros. for using a replica of Mike Tyson’s facial tattoo in the movie “The Hangover Part II” without his permission. The case was settled out of court1.
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The Verve vs. The Rolling Stones: The Verve’s hit song “Bitter Sweet Symphony” famously sampled an orchestral version of The Rolling Stones’ song “The Last Time.” The Verve had cleared the sample with Decca Records but not with the rights holders of the original composition. This led to a lengthy legal battle, and The Verve had to forfeit all royalties from the song until the rights were eventually returned to them in 20192.
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Robin Thicke & Pharrell Williams vs. Marvin Gaye’s Estate: In 2015, the estate of Marvin Gaye won a lawsuit against Robin Thicke and Pharrell Williams, claiming that their song “Blurred Lines” copied the “feel” of Gaye’s 1977 hit “Got to Give It Up.” The court awarded Gaye’s estate $7.4 million, later reduced to $5.3 million on appeal2.
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Led Zeppelin vs. Spirit: Led Zeppelin faced allegations that the iconic riff from “Stairway to Heaven” was copied from the song “Taurus” by the band Spirit. After a lengthy legal battle, a jury ruled in favor of Led Zeppelin in 2016, and the decision was upheld on appeal in 20203.
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Katy Perry vs. Flame: In 2019, a jury found that Katy Perry’s song “Dark Horse” copied elements from the Christian rap song “Joyful Noise” by Flame. Perry and her co-writers were initially ordered to pay $2.8 million in damages, but the verdict was overturned on appeal in 20203.
These cases highlight the complexities of intellectual property law in the entertainment industry and the importance of protecting creative works.
Artists and creators can protect their intellectual property (IP) through several legal mechanisms. Here are the main types of protections available:
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Copyright: This protects original works of authorship, such as paintings, music, literature, and films. Copyright gives the creator exclusive rights to reproduce, distribute, perform, and display their work. To enhance protection, artists can register their works with the U.S. Copyright Office1.
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Trademarks: These protect symbols, names, and slogans used to identify goods or services. For example, a unique logo or brand name can be trademarked to prevent others from using it1.
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Patents: These protect new inventions or discoveries. While patents are more common in fields like technology and pharmaceuticals, they can also apply to unique artistic processes or tools1.
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Trade Secrets: These protect confidential business information that provides a competitive edge. For artists, this could include proprietary techniques or processes1.
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Contracts and Licensing Agreements: Artists can use contracts to specify how their work can be used by others. Licensing agreements allow others to use the work under specific conditions, often in exchange for royalties2.
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Digital Protections: With the rise of online art, digital protections like watermarks, metadata, and digital rights management (DRM) can help prevent unauthorized use of digital works1.
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Enforcement: Actively monitoring the use of their work and taking legal action against infringers is crucial. This can involve sending cease-and-desist letters or filing lawsuits2.
By understanding and utilizing these protections, artists can safeguard their creative works and ensure they receive proper recognition and compensation for their efforts
There are several common misconceptions about intellectual property (IP). Here are a few:
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“If I change it a little, it’s not infringement”: Many people believe that making minor changes to someone else’s work makes it original. However, even small alterations can still be considered infringement if the core elements are copied.
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“I don’t need to register my copyright”: While copyright protection is automatic upon creation, registering your work with the copyright office provides legal advantages, such as the ability to sue for statutory damages and attorney’s fees.
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“Trademarks and copyrights are the same”: Trademarks protect brand names, logos, and slogans, while copyrights protect original works of authorship like music, books, and art. They serve different purposes and offer different types of protection.
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“If it’s on the internet, it’s free to use”: Just because something is publicly accessible online doesn’t mean it’s free to use without permission. Most online content is protected by copyright, and using it without authorization can lead to legal issues.
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“Patents last forever”: Patents have a limited duration, typically 20 years from the filing date. After that, the invention enters the public domain and can be used by anyone.
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“I can use copyrighted material for educational purposes without permission”: While there are exceptions for educational use under the “fair use” doctrine, not all educational uses qualify. It’s important to understand the specific criteria for fair use.
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“Registering a domain name gives me trademark rights”: Owning a domain name doesn’t grant trademark rights. Trademark rights are established through the use of a mark in commerce and registration with the appropriate authorities.
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“I can copyright an idea”: Copyright protects the expression of ideas, not the ideas themselves. To be protected, an idea must be expressed in a tangible form, such as a written manuscript or a recorded song.
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