Mga Entertainment Inc. vs. Clifford T.I. Harris et al

Case Background

On December 20, 2020, Plaintiff MGA Entertainment Inc. filed a Trademark Infringement lawsuit in the United States District Court, California Central, Western Division - Los Angeles (Case number: 2:20cv11548). Judge James V. Selna presided over the case.

Cause

MGA Entertainment, Inc., a California-based toy company, created and sold a highly successful line of toys called L.O.L. Surprise!. In July 2019, MGA launched the L.O.L. Surprise! O.M.G. fashion doll line, marketed as the "big sister" of L.O.L. Surprise! dolls. The L.O.L. Surprise! brand achieved remarkable success, winning Toy of the Year awards in 2018, 2019, and 2020. MGA invested substantial time, money, and effort in developing consumer recognition and goodwill for the L.O.L. Surprise! products and trademarks, utilizing extensive marketing through television, websites, and other media channels. The company's success stemmed from high-quality materials, effective promotional efforts, and positive word-of-mouth from consumers. On December 8, 2020, MGA received a cease-and-desist letter from a California law firm representing Clifford "T.I." Harris, Tameka "Tiny" Harris, and OMG Girlz LLC. The letter alleged that MGA's L.O.L. Surprise! O.M.G. dolls infringed upon the intellectual property rights of the "OMG Girlz" music group. It claimed that MGA's dolls exploited the trade dress, name, image, and brand popularity of "OMG Girlz" and were derivative of their image and brand. However, MGA contended that the OMG Girlz group had disbanded in March 2015, announcing the end of their career as a group on their official Instagram account. Furthermore, the USPTO trademark registration for "OMG Girlz," owned by OMG Girlz LLC in classes 9 and 41, was canceled on March 6, 2020. MGA believed that any other "OMG Girlz" trademark registrations owned by the defendants had been abandoned.

Injuries

The cease-and-desist letter from the defendants posed a significant threat to MGA's rights to use its L.O.L. Surprise! O.M.G. trademarks and to continue selling L.O.L. Surprise! O.M.G. products. This legal challenge created uncertainty and potential disruption in MGA's business operations, particularly concerning the