Mattel, the American toy manufacturer, has won $40-million in damages in a copyright case which pitted its wholesome Barbie doll against the urban Bratz range.
A jury in California awarded the sum after ruling that the creator of the Bratz concept, Carter Bryant, was working under contract for Mattel when he came up with the idea for the dolls which he pitched to a competitor, MGA.
But the money was below the $1-billion demanded by Mattel as the jury decided against including potentially hefty punitive damages. This prompted MGA to claim a partial victory.
”This jury found there was no guilt,” said MGA’s chief executive, Isaac Larian. ”We are thrilled that the jury sent a strong message that they want these companies to compete in the market place and not in the courtroom.”
The four-year dispute over the dolls has been a closely watched intellectual property clash. Giving evidence earlier this year, Bryant admitted that he sent an early drawing of a Bratz doll to MGA in 1999 — while he was working at Mattel — and that he even used some boots belonging to Barbie’s boyfriend, Ken, to complete the mock-up. He testified that he saw ”nothing wrong” in pitching the idea. He quit Mattel for MGA a year later and the Bratz line was launched in 2001, becoming an instant hit which now generates an estimated $2-billion in annual sales.
The dolls have emerged as a significant challenger to the popularity of Barbie, who has become ubiquitous in toy chests since being invented by a Colorado-born toy entrepreneur, Ruth Handler, in 1959.
The case was disrupted last month when a juror was dismissed for making a racially charged remark about MGA’s chief executive, who is of Iranian origin. – guardian.co.uk