Jed Wakefield, chair of Fenwick’s Trademark Litigation Group is quoted in a Daily Journal article titled “Panel Reverses $172 Million Bratz Verdict.”
The article discusses the recent overturn of a $172 million verdict against toy company Mattel. In what has become a lengthy battle, rival toymaker MGA Entertainment Inc. accused Mattel of stealing trade secrets about Bratz dolls franchise.
The ninth circuit over turned the verdict, ruling that the district judge handling the case made an error by allowing a counterclaim that was based on a different incident. In light of this decision, MGA has made clear that they will refile a new lawsuit under a different legal theory.
Jed says, "It seems MGA has some incentive to try again, given the amount of money at issue, but it has a significant obstacle to overcome.”
According to Jed, if MGA files another suit, it will end quickly if its proved they didn’t suspect Mattel of stealing trade secrets until as late as 2007.