Bratz's Copyright Infringement Trial Comes to an End...For Now

After more than seven years, 70 witnesses, and thousands of exhibits, a verdict has been reached in the roller-coaster “Bratz” dolls trial. The trial (Bryant v. Mattel, 04-09049, U.S. District Court, Central District of California) pitted toy making giants Mattell, Inc. against Van Nuys based MGA Entertainment, Inc. over the rights to the wildly popular line of Bratz dolls. Mattell originally filed its lawsuit accusing MGA of stealing trade secrets and copyright infringement seeking. MGA began manufacturing the dolls after toy designer and former Mattell employee Carter Bryant sold them the idea in 2000. Mattell claimed that Bryant thought of the idea for Bratz during his employment with Mattell, therefore claiming that Mattell owned the intellectual property rights to the doll.

The verdict has gone back and forth – a 2008 Jury awarded Mattell $100 million. But that verdict was overturned later in a federal appeals court. The current decision, reached in Santa Ana Thursday, instead awarded MGA $88.4 million dollars, and found Mattell guilty of stealing MGA’s trade secrets. According to the verdict, Mattell employees used fake IDs to gain entrance to MGA showrooms. Although this verdict is taken as a victory for MGA, it is likely that Mattell will appeal the court’s decision. Issac Larian, MGA's CEO estimates they spent nearly $170 million on legal fees, while Mattel's legal expenses where closer to $400 million.

Jessica Seinfeld Copyright Infringement Battle Over Cookbook

Last week, a federal appeals court upheld the previous decision of a lower court in the Jessica Seinfeld cookbook case. Jessica (Jerry Seinfeld’s wife) was sued for both trademark and copyright infringement by Missy Chase Lapine, author of “The Sneaky Chef: Simple Strategies for Hiding Healthy Foods in Kids’ Favorite Meals.” Jessica’s book is titled “Deceptively Delicious: Simple Secrets to Get Your Kids Eating Good Food.” See the original lower district's complaint here. It does seem a bit close for comfort, but two judges have now ruled that Jessica’s book is not a copycat.

According to Judges Reena Raggi and Peter W. Hall of the Second U.S. Circuit Court of Appeals in Manhattan, “stockpiling vegetable purees for covert use in children’s food is an idea that cannot be copyrighted.” Conceptual ideas like that cannot be protected by copyright law. Seinfeld's intellectual property attorney's stated "countless prior works utilized this very same unprotectable idea," including a 1971 book."

Lapine’s book was published four months previous to Seinfeld’s, and apparently, some publishers were looking at the books around the same time. It seems pretty unlikely that Jessica Seinfeld would have had enough time to plagiarize, since both books were published around the same time.

On a side note – a slander case is still pending for Jerry Seinfeld’s jokes (when he said his wife is accused of "vegetable plagiarism") about the suit and Missy Lapine on The Tonight Show.

Green Day Copyright Infringement of Scream Art

Immediately following a Green Day concert in LA last August, local artist Dereck Seltzer began receiving calls and emails, alerting him that his ‘Scream Icon’ art was being used as the backdrop to the show. Seltzer was surprised, since he had no previous contact with the band. Scream Icon was copyrighted by Seltzer in 2003. When he approached the band, complaining that they had used the art without regard for the registered copyright, they offered him concert tickets in settlement. Green Day continues to use artwork in promotional materials and backdrops.

Seltzer filed a complaint in the Central District of Los Angeles and is suing Green Day for Copyright Infringement, and unfair competition and false designation under Section 43(a) of the Lanham Act. However, Green Day’s attorney, Don Passman claims that "Green Day received Mr. Seltzer's image from a responsible company and was unaware that there could be any copyright or other issues."

It’s hard to be too careful about usage of graphics and artwork, and it’s important to know the actual source. Although it may seem harmless, much of it is legitimately copyrighted material. Even more important to be careful when dozens of sold out stadiums will be viewing the art in question.

LOS ANGELES COPYRIGHT ATTORNEY FILED LAWSUIT AGAINST CHRIS ROCK

A complaint and later filed Ex Parte Application for Temporary Restraining Order (TRO) was filed against Chris Rock and HBO to prevent the release of Rock’s film, Good Hair, in the Central District of Los Angeles. Plaintiff Regina Kimbell, has already written and produced a documentary entitled My Nappy Roots, which explores the social and cultural issues surround black hair care.

Kimbell claims that Rock invited her to the Paramount lot and asked her to bring a copy of her film with the intention helping her with it. But rather, Rock was really looking for research and help himself with his own film. Kimbell’s copyright lawyers claim copyright infringement of the work. The TRO describes a side by side analysis of the similarities of the two works, namely, the similarity of the people interviewed, and the places visited in both movies.

On October 8, 2009, the Judge denied the TRO on the basis that Kimbell’s motion was untimely and in any event lacks merit. It seem that the deciding factor was that Rock’s version was comedic and not a serious documentary. The Judge’s order states “My Nappy Roots, in contrast, takes a serious and holistic view of Black hair care throughout its history…This is nothing in the record to suggest the world of academia has accorded Rock similar status.” The Judge did however, allow Kimbell’s request for expedited discovery. So it appears for now, that Kimbell will not get her preliminary injunction, but the case will proceed on, so she is not out of the game yet. Rock’s Good Hair is slated to be released nationwide on October 23, 2009.