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9th Circuit hears arguments on Mattel appeal in legal war over Bratz

December 11, 2012

Jed Wakefield, chair of Fenwick’s Trademark Litigation Group, is quoted in a Daily Journal article titled "9th Circuit hears arguments on Mattel appeal in legal war over Bratz."

Wakefield discusses the latest development in the 8-year contentious battle between rival toymakers Mattel and MGA over the Bratz brand of fashion dolls.

"There has been absolutely no stone left unturned in this litigation," Wakefield said.

The litigious saga began in 2004 when Mattel Inc. accused MGA Entertainment Inc. of hiring a Mattel designer and stealing the doll idea. Since then, different juries have found in favor of each company.

Most recently, Mattel is appealing a $310 million trial court judgment, which included $170 million in damages and nearly $140 million in attorney fees and costs, awarded last year to MGA.

Wakefield said that the current fight over evidentiary issues and legal fees is “indicative of the scorched-earth nature of this litigation.”

For the much smaller MGA, "it's a fight for survival.”

“Someone is trying to essentially take away what you believe is your IP, and it is the foundation of your business," he said. "You have no choice but to fight."