Clifford “T.I.” Harris and Tameka “Tiny” Harris (“Harrises”) have been in and out of the courtroom since 2021 over dolls that look like the OMG Girlz. If you’re already familiar with the King of the South, you might also know the OMG Girlz, the 2009 girl band that featured the Harrises’ daughter. Although the band separated in 2015, it may just have made the Harrises’ $71.8 million dollars richer.

Why This Case Matters for Your Business

This intellectual property lawsuit is relevant to anyone with a name or brand worth protecting. Oftentimes brands, trademarks, trade dress, or intellectual property generally are your businesses’ first real assets. MGA Entertainment Inc. v. Clifford T.I. Harris highlights the importance of registering, maintaining, and defending, your intellectual property assets in order to ensure they are properly protected against infringing parties.

The Case Timeline

• In 2019, the L.O.L. Surprise! O.M.G. Fashion Dolls ( “Dolls”) were released. In 2020, they were crowned Doll of the Year at the annual Toy Industry Awards. 
• That same year, MGA Entertainment (“MGA”), the company behind the Dolls, received a cease-and-desist from the Harrises’, alleging that the Dolls appropriated the look and feel of the OMG Girlz and demanded that MGA cease its distribution. 
• In response, MGA went straight to the U.S. District Court for the Central District of California to seek a declaratory judgment from the court to establish the Dolls as non-infringing against the Harrises’ and the OMG Girlz.

Before I let you know what the court ruled, what do you think? 

While the lawsuit focused primarily on the alleged trade dress infringement and the misappropriation of the name, likeness, or identity of the OMG Girlz, the courtroom transcript also included conversations surrounding cultural appropriation, immoral conduct, and much more.  

After three trials and MGA’s constant denial of all infringement and misappropriation claims, the jury found that (i) MGA infringed on the OMG Girlz’ trade dress and (ii) that the Dolls misappropriated the OMG Girlz’ brand. Further, the jury awarded the Harrises’ $17.9 million in compensatory damages and $53.6 million in punitive damages, for a total of $71.8 million dollars.

Sidebar: Unfortunately for the Harrises, the judge has presented them with a difficult choice: (i) accept a reduced punitive damage award of $1, bringing their total award from $71.8 million to $17.8 million dollars, or (ii) retry the punitive damages portion of the case with the hopes of preserving the $71.8 million dollar verdict.

What Do I Think?

Originality is key, and whenever you have something original, you have something worth protecting. Protected under the Lanham Act, “trade dress” refers to the “total  image or overall appearance of a product, including size, shape, color, texture, and graphics.” Originality can be important in the context of trade dress; 

Register your intellectual property with the appropriate office(s), because proper protection, or lack thereof, can make or break your business. For trade dress and other intellectual property, check the federal law and your state law to determine what is needed and how to protect your trade dress and other intellectual property; and 

Lastly, imitation isn’t always flattery, especially when you’re in the courtroom.