Statement From Bratz Heaven: Mattel Vs. MGA Entertainment

(Original date of article posting on my Bratz Heaven Website: December 3, 2008)

UPDATE: On December 30, 2008, Judge Stephen Larson of the United States Ninth Circuit Federal Court in Riverside, California modified Mattel, Inc.'s injunction request to allow all retailers to sell all Bratz dolls and Bratz related products manufactured by MGA Entertainment, Inc. through the end of 2009.

On December 3, 2008, Mattel, Inc. won a permanent injunction against MGA Entertainment, Inc. regarding ownership of the Bratz franchise. According to the injunction, MGA Entertainment, Inc. no longer owns the rights to Bratz and was ordered to forefit every aspect of the franchise to Mattel, Inc., including manufacturing, production, marketing, and licensing of the Bratz dolls and all materials associated with Bratz.

The decision by Judge Stephen Larson to approve the injunction was the result of the court's findings that Mattel, Inc. had established its exclusive rights to Bratz drawings designed by Mr. Carter Bryant, a former employee at Mattel, Inc. who conceived the concept for Bratz while under contract with the company. On July 17, 2008, a jury in United States Ninth Circuit Federal Court in Riverside, California unanimously determined that Mr. Bryant violated his contract when he developed the concept for Bratz at Mattel, Inc. and transferred his concept to MGA Entertainment, Inc. A month after the verdict was handed down, the same jury awarded Mattel, Inc. $10 million on copyright infringement damages and $90 million for breach of contract during the penalty phase of the trial, determining that only the first generation Bratz dolls violated copyright but subsequent generations of Bratz dolls do not violate copyright. However, Mattel, Inc. confirmed to the court that both first and subsequent generations of Bratz dolls, as well as all Bratz products MGA Entertainment, Inc. manufactured since the Bratz inception in 2001 — including current core female fashion dolls available in the marketplace — were a violation of Mattel, Inc.'s exclusive rights to the Bratz franchise.

We here at Bratz Heaven are deeply disappointed and saddened by the decision from Judge Stephen Larson to approve Mattel, Inc.'s injunction that has resulted in MGA Entertainment, Inc. ceasing any and all ownership of Bratz. While Bratz Heaven is disappointed and saddened with what has transpired from the injunction, under no circumstances will Bratz Heaven be affected in any way by this decision. Bratz Heaven will continue serving its purpose to provide Bratz fans around the world and beyond with an enriching and enlightening experience supporting the ONLY girls with a passion for fashion. Since Bratz Heaven was originally created in July 2004 and launched nine months later in April 2005, we do not believe that Mattel, Inc. will extend their ownership of the Bratz franchise to all fan websites, fan groups, and other related multimedia with the Bratz name on them.

Millions of Bratz fans, including myself, have reached out to the many wonderful people at MGA Entertainment, Inc. and its President and CEO Mr. Isaac Larian. These incredible and outstanding people have contributed a tremendous amount of hard work and effort to create a product that has simply changed the lives of children everywhere. Bratz will forever belong to MGA Entertainment, Inc., and the company sincerely appreciates your kindness and support during this difficult period.

Thank you for your understanding and attention to this matter.

Sincerely,

Robyn Barnette
Bratz Heaven Website and Yahoo! Group Administrator
Website: http://www.bratzheaven.com/
Group: http://group.bratzheaven.com/
E-Mail: robyn@bratzheaven.com

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