OMG Girlz Awarded $71.5 Million in Dolls Rip-off

Pop group OMG Girlz has been awarded a $71m payout over toy dolls that copied their image and name.

OMG Girlz has sued MGA Entertainment over its LOL Surprise! OMG dolls, arguing the company had copied their look and brand.

On Tuesday, the group won a lengthy intellectual property lawsuit when a California jury determined that they had been wronged. The jury granted them $17.9 million in actual damages and an additional $53.6 million in punitive damages, stating that their “trade dress” along with their “name, likeness, and identity” had been violated.

The payout goes to the group’s three members – Zonnique Pullins, Bahja Rodriguez and Breaunna Womack – and to Pullins’ mother and stepfather, Tameka ‘Tiny Harris’ and Chris T.I. Harris. OMG Girlz, established in 2009 and boasting 232,000 followers on Instagram, took to social media to celebrate the win.

“This is for creatives everywhere,” Rodriguez wrote. “No longer will we be bullied into silence when it comes to others profiting off of our ideas and creativity.”

Counterclaims were submitted, and the trial began in January 2023, but it was ultimately ruled a mistrial. The toy company triumphed in a second trial, yet OMG Girlz managed to appeal and brought the case to a third court battle. MGA Entertainment has consistently denied the allegations. The lawyer allegedly informed the court during the closing arguments that the claim was “groundless and insulting,” asserting that over 40 million of the dolls had been sold without any confusion among customers.

What is Copyright Infringement?

Copyright infringement takes place when an unauthorized party utilizes any of the exclusive rights held by the creator of a work. This encompasses various forms of distribution, such as selling, broadcasting, and performing, as well as adaptation or reproduction of the work. Infringement can happen regardless of whether the infringing party aims to profit from the use of the material; however, defenses against copyright infringement are generally perceived as more compelling when there is no profit motive involved.

Instances of Copyright Infringement

• Unauthorized downloading of music files
• Uploading copyrighted content belonging to another individual onto a publicly accessible webpage
• Acquiring licensed software from an unapproved source
• Altering and reproducing another person’s creative work without substantial modifications
• Filming a movie within a cinema Distributing recordings of television shows or radio broadcasts
• Using another person’s photographs on a website without obtaining consent
• Publishing or sharing a video featuring a copyrighted song on a corporate website
• Selling products that incorporate copyrighted images, text, or logos.