Once more the El Segundo-based toy company will claim that its idea for what turned out to be the super-popular Bratz dolls was stolen by Isaac Larian's MGA Entertainment Inc. In turn, Larian will claim that Mattel executives disguised themselves as retailers or toy distributors in gaining information about their competitors' products (Mattel accuses Van Nuys-based MGA of much the same thing). "This will be a remarkable trial," Judge David O. Carter said during pretrial motions in the case in October, according to a transcript. From a WSJ curtain-raiser:
In 2008, a jury concluded that Barbie doll clothing designer Carter Bryant was under contract to Mattel when he came up with the initial design for the Bratz dolls. The jury awarded Mattel $100 million, and the trial judge ruled that the Bratz franchise was the property of Mattel. But this past July, the Ninth U.S. Circuit Court of Appeals in San Francisco, in a unanimous decision, threw out the district court's injunction that had turned the dolls over to Mattel. In its decision, the Ninth Circuit said it was unfair to give Mattel the Bratz line, because its value was "overwhelmingly" created by MGA. In addition, the court said that in any new trial the district court should address whether Mattel owned Mr. Bryant's ideas under his contract. The district court vacated the jury's monetary award in October and agreed to rehear the case.
Trial gets started on Thursday and could last several months. One key question being raised: Why has Mattel insisted on keeping this thing alive?