Toy maker MGA Entertainment has been ordered to pay $71.5 million in damages for infringing upon the name and likeness of the teen pop group OMG Girlz, a federal jury has determined.
The verdict, delivered on Monday, marks a significant victory for OMG Girlz, as well as Xscape singer Tameka “Tiny” Harris and rapper Chris “T.I.” Harris. This ruling concludes the third court trial in a protracted intellectual property dispute with the California-based company. The crux of the issue involved MGA’s line of “L.O.L. Surprise! O.M.G.” dolls, which were found to bear a remarkable resemblance to the band’s name and style, including lookalike clothing.
The jury concluded that several of these dolls infringed on OMG Girlz’s “trade dress” and misappropriated the “name, likeness, and identity” of the group. Consequently, jurors awarded OMG Girlz, Tiny, and T.I. $17.9 million in actual damages and an additional $53.6 million in punitive damages.
Tiny and T.I. are the mother and stepfather of OMG Girlz member Zonnique Pullins. On the day of the verdict, Pullins and her fellow OMG Girlz members, Bahja Rodriguez and Breaunna Womack, celebrated the decision on Instagram.
“This is for creatives everywhere,” Rodriguez wrote. “No longer will we be bullied into silence when it comes to others profiting off of our ideas and creativity.”
Tiny, who has vocally championed the case over the years, also expressed her satisfaction with the outcome on Monday.
In 2020, MGA sought a declaratory judgment to affirm that its “L.O.L. Surprise! O.M.G.” products did not violate the intellectual property rights of OMG Girlz, following a cease-and-desist notification from the group. This move led to immediate counterclaims from OMG Girlz, Tiny, and T.I.’s legal team.
The first trial, held in January 2023, ended in a mistrial after barred testimony concerning accusations of cultural appropriation was introduced. A subsequent trial initially ruled in favor of MGA, but the judge later granted OMG Girlz’s request for a retrial.
Neither MGA, whose other toy brands include Bratz and Mini Verse, nor the attorneys representing the company responded immediately to The Associated Press’ requests for comment on Tuesday regarding the verdict.
Throughout the trial, MGA denied all allegations of infringement and misappropriation. Paul J. Loh, one of MGA’s attorneys, described the claims as “baseless and offensive” during his closing arguments, emphasizing that MGA had sold over 40 million “L.O.L. Surprise! O.M.G.” dolls without any consumer confusion.
In a joint statement, the attorneys for OMG Girlz, Tiny, and T.I. praised their clients for their determination and “courage to stand up for themselves and fight a billion-dollar corporation’s intimidation,” adding that the jury had done the right thing by holding MGA “fully accountable.”
