December 24, 2024 • 12 mins
What happens when one of the biggest doll brands in the world gets accused of stealing from a teen girl group? $71 million, that’s what. From stage to courtroom, learn how the OMG Girlz inspired a legal showdown that made headlines.
OMG! How a disbanded girl group became the face of intellectual property rights. Dolls, drama, and $71 million: The OMG Girlz vs. L.O.L. Surprise! Dolls saga.
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
(00:00):
Um,
Greetings and welcome toPatent Insider Secrets.
Saving you from IP disasters.
This is a podcast where we divedeep into the hidden world of
(00:21):
intellectual property with captivatingstories and expert insights.
I'm your host, Tariq Najeela,federally registered patent agent,
veteran tenure, USPTO patent examiner,startup mentor, and IP strategies.
Today in episode three, we're coveringthe third pillar of intellectual
property, IP enforcement and defense.
(00:42):
This is the moment where allyour hard work in developing and
protecting your IP can be leveraged,especially when others try to benefit
from it without your permission.
We call this episode, ThePop Group and the Dolls.
I also like to call it, The Fighter.
Let me tell you a story.
It's the story of a retired musician.
(01:04):
A mother, who along with her daughterand her daughter's girlfriends,
created a small pop group.
They had moderate success.
This But then something magical happened.
They began to resonate withyoung girls across the country.
In fact, their fashion, theirstyle, their entire vibe just
started trending in schools.
(01:26):
Young girls loved their look.
They started imitating.
And you know what comes next, right?
A major doll company tooknotice of the group's influence.
And what did they do?
They created a line of dolls basedon the group's look and likeness.
And not just any dolls.
These dolls were wildly successful.
The company made millions in sales,cashing in on the group's image without
(01:50):
asking for permission or giving credit.
And worst of all, the group didn'tsee a single dollar of their revenue.
What do you think happened whenthis retired musician who knows
the business got a wind of this?
I imagine it was something like this.
Hi, this is.
I'm calling to discuss theroyalties we're owed for the
doll line your company released.
(02:12):
It's clear the dolls are based onthe look of our group, and I believe
we're entitled to compensation.
Royalties?
I'm not sure what you're talking about.
Those dolls are just inspired by currenttrends, and we don't owe you anything.
But those trends aredirectly tied to our group.
It's our image, our likeness.
You're profiting off oursuccess without our permission.
(02:36):
I'm sorry, but I don't thinkthere's anything to discuss.
Have a good day.
And just like that, she was stonewalled.
Now I'm sure a musician probably, thatprobably went through an attorney, , if
she had any actual conversation with them
.The bottom line was the Toy Company, refused to acknowledge the
group's contribution to the brand.
They thought they could get away with it.
I mean, after all, theywere a huge company.
(02:57):
She was just a has been musicianwith some small pop group.
What could she possibly do, right?
But here's where things take a turn.
The retired musician hadone thing on her side.
Her intellectual property.
She knew her rights.
She had spent years creating andnurturing the group's image, and
she wasn't going to let someone elsetake it from her without a fight.
(03:20):
So she did the only thing she could do.
She sued the toy company.
And it switched straightinto law and order.
Now, IP enforcement wouldhave been the courtroom.
Now, IP enforcement isnot always an easy path.
In fact, it's expensive.
It's time consuming, and sometimesthe odds just act against you.
But in this case, the retiredmusician had a strong claim.
(03:42):
The dolls were undeniablymodeled after the group's image.
I imagine the courtroom sceneplayed out something like this.
Your honor, it's clear that thedefendant's product, these dolls
are not just inspired trends.
They're a direct representationof my client's pop group, the
hairstyles, the clothing, even theaccessories, everything is copied
(04:03):
from their carefully cultivated image.
And yet my client has notreceived a penny royalties.
Your Honor, my client creates dollsbased on market research and trends.
There is no direct linkbetween my client's
dolls and the plantiff's pop group.
It's simply a coincidence.
We'll see what the courthas to say about that.
(04:24):
the evidence was too clear.
when you look at this You see, Imean, these are exact copies of the
promo and the concerts, the costumes,and they took this existing line
of dolls and created a version thatwas basically crafted after these
image and likeness of the girl group.
(04:46):
So what happened?
The jury saw for what it was.
infringement, plain and simple.
And the retired musician won big time.
The court awarded her asubstantial amount in damages.
Not only did she get the compensationfor the sales of the dolls, but she
also secured future royalties on anyproducts based on the group's image.
(05:07):
The victory was huge, bothfinancially and in defending her
intellectual property rights.
And I know this sounds like, Tariq'smaking up a story, may sound like
something out of a movie, somethingthat's made up, but it's not as
fictional as you might think.
In fact, something very similar happenedrecently in the world of pop culture.
(05:27):
, I don't know if you're familiar with T.
I., the rapper, Clifford Harrisand his wife, , Tamika Tiny Harris.
T.
I.
is a rapper out of Atlanta.
And Tiny Harris is a singerformerly from the girls group
Xscape, a songwriter as well.
she and her husband, they sued thepopular LOL Surprise Dolls after alleging
(05:49):
that the LOL Surprise Dolls OMG linecopies the likeness of members of the
now defunct girls group OMG girls, ateen pop group that included Harris's
daughter, and after a hard fought legalbattle they won a massive 71 million
lawsuit, 71 million I mean, this is areal life real world perfect example
(06:11):
of how enforcing your intellectualproperty rights can lead to huge
financial victory, especiallywhen others try to profit off
your work without permission.
Let me check that out.
What's the real lesson here?
Intellectual property is only as powerfulas your willingness to defend it.
The pop group's image was theirIP, but it meant nothing until
(06:32):
they enforced their rights.
So we go back and havethe IP asset mindset.
You can develop and fortify your IPasset, which this group had done.
Defending it is key to ensuring thatyour asset is yours to benefit from.
If you work hard to develop yourIP, don't let others steal it.
(06:53):
Be prepared to enforce it when necessary,whether that means sending a cease and
desist letter or taking it all the wayto court, because at the end of the day,
your intellectual property is your assetand defending it is key to ensuring
that asset is yours to benefit from.
Now we're going to give you even morebehind the scenes about the case.
(07:17):
So, back in the early 2000s, well reallythe 2010s, Tiny Harris formed a teen
pop group called the OMG Girls, whichincluded her daughter and two other girls.
The group is well known fortheir unique and trendy style.
We're going to look atthe details of the case.
, TI tiny one, 71 million, a lawsuitagainst the maker of the popular
LOL surprise dolls after the allegedthat the brand's line of OMG dolls.
(07:44):
So they had a line named OMG, similarto the OMG girls copied the likenesses
of members of the now defunct groupthat was founded 15 years ago.
So after a three week.
Three week trial federal jury inOrange County, California ruled toy
conglomerate MGA Entertainment violatedthe intellectual property rights of the
OMG girls with seven of its dolls afterTi and Tiny's lawyer accused the company
(08:08):
of of bullying and misrepresentations.
The damages award tothe couple included 17.
8 million in real damages.
The profit, the company said it madeon the dolls in question and 53.
6 million in punitive damages.
Throughout the trial, the three originalmembers of the OMG girls, Harris's
daughter, Zonique, Star Pullens, aswell as Baja or Baja beauty Rodriguez
(08:35):
and Brianna baby doll Womack reportedlytestified that the dolls copy the band
members looks from specific public events.
An attorney cited social mediaposts from fans who assumed the
Dolls were inspired by the bandbecause they looked so familiar.
MGA argued that the companydid not misappropriate the
identity of the music group.
The Dolls would not be mistaken for theshort lived band the OMG Girls broke up
(09:01):
in 2015, and the group suffered no actualharm or lost business opportunities.
The latest lawsuit is the third time T.
I.
and Tiny have tried to sue Over the Dolls,claiming MGA Entertainment stole the look
of their group of young multiculturalwomen and committed cultural appropriation
and outright theft with their product.
(09:22):
The first case ended in a mistrial andthe second ended in a win for MGA before
the verdict was overturned on appeal.
MGA Entertainment can still appealthe most recent verdict, though
representatives did not immediatelyrespond to the Forbes request for
comment on the company's plans Tuesday.
So what do we see?
We see that the Harris familydecided to take legal action.
(09:43):
They filed a lawsuit against MGAEntertainment alleging that dolls
blatant an infringement on the likenessand brand image of the OMG girls.
So it wasn't just about the aestheticsimilarities, , it was about the
core issue of someone profiting offof someone else's creative works.
We see here in the images thatthe costumes were just like the
girl's costume, down to theirsole performance and everything.
(10:04):
So this is a prime example of why it's soimportant to protect and enforce your IP.
Even if your brand or creativework isn't actually in use, that
doesn't mean others have the rightto use it without your permission.
So likeness, style, and creative identity,these are all valuable aspects of
your IP and they need to be defended.
The Harris family understood thelong term value of their creation
(10:25):
even though the OMG girls were nolonger a functioning group and their
willingness to fight for that IPultimately resulted in a significant
victory, both financially and legally.
The case also sends a strong message toother companies in the toy entertainment
industries can't simply take inspirationfrom real life individuals or groups
without proper licensing or permissions.
(10:47):
Brands, especially those withcreative expressions like music
groups or entertainment ensemblesdeserve and require protection.
The 71 million award wasn't just aboutdoll sales It was a statement on how
much value intellectual property holds,even in situations that might seem small.
In this case, the line between inspirationand infringement was clearly crossed,
(11:10):
and the court rightfully recognized that.
So as you think about your ownIP assets, remember this story.
Whether you're an artist, entrepreneur,or inventor, Protecting and enforcing
your intellectual property iscritical to preserving its value.
This case highlights theimportance of understanding your
rights and taking action whenthose rights are infringed upon.
You have to stay vigilant,protect your creations, and never
underestimate the value of yourIP, even if it's not in use today.
(11:33):
You never know when someoneelse might see an opportunity
to profit from your hard work.
So that's it for today's episodefrom Patent and Insider Secrets.
In this episode, we've explored howenforcing your rights and defending
them can lead to real world wins.
Not just in terms of conversation,but in terms of protecting your core
creativity and business identity.
I'm your host, Tariq Najee-ullah,and I hope you'll join me next time
(11:55):
as we delve into pillar number four,IP commercialization, see you then.
Um,
Um,
Greetings and welcome toPatent Insider Secrets.
Saving you from IP disasters.
This is a podcast where we divedeep into the hidden world of
(00:21):
intellectual property with captivatingstories and expert insights.
I'm your host, Tariq Najeela,federally registered patent agent,
veteran tenure, USPTO patent examiner,startup mentor, and IP strategies.
Today in episode three, we're coveringthe third pillar of intellectual
property, IP enforcement and defense.
(00:42):
This is the moment where allyour hard work in developing and
protecting your IP can be leveraged,especially when others try to benefit
from it without your permission.
We call this episode, ThePop Group and the Dolls.
I also like to call it, The Fighter.
Let me tell you a story.
It's the story of a retired musician.
(01:04):
A mother, who along with her daughterand her daughter's girlfriends,
created a small pop group.
They had moderate success.
This But then something magical happened.
They began to resonate withyoung girls across the country.
In fact, their fashion, theirstyle, their entire vibe just
started trending in schools.
(01:26):
Young girls loved their look.
They started imitating.
And you know what comes next, right?
A major doll company tooknotice of the group's influence.
And what did they do?
They created a line of dolls basedon the group's look and likeness.
And not just any dolls.
These dolls were wildly successful.
The company made millions in sales,cashing in on the group's image without
(01:50):
asking for permission or giving credit.
And worst of all, the group didn'tsee a single dollar of their revenue.
What do you think happened whenthis retired musician who knows
the business got a wind of this?
I imagine it was something like this.
Hi, this is.
I'm calling to discuss theroyalties we're owed for the
doll line your company released.
(02:12):
It's clear the dolls are based onthe look of our group, and I believe
we're entitled to compensation.
Royalties?
I'm not sure what you're talking about.
Those dolls are just inspired by currenttrends, and we don't owe you anything.
But those trends aredirectly tied to our group.
It's our image, our likeness.
You're profiting off oursuccess without our permission.
(02:36):
I'm sorry, but I don't thinkthere's anything to discuss.
Have a good day.
And just like that, she was stonewalled.
Now I'm sure a musician probably, thatprobably went through an attorney, , if
she had any actual conversation with them
.The bottom line was the Toy Company, refused to acknowledge the
group's contribution to the brand.
They thought they could get away with it.
I mean, after all, theywere a huge company.
(02:57):
She was just a has been musicianwith some small pop group.
What could she possibly do, right?
But here's where things take a turn.
The retired musician hadone thing on her side.
Her intellectual property.
She knew her rights.
She had spent years creating andnurturing the group's image, and
she wasn't going to let someone elsetake it from her without a fight.
(03:20):
So she did the only thing she could do.
She sued the toy company.
And it switched straightinto law and order.
Now, IP enforcement wouldhave been the courtroom.
Now, IP enforcement isnot always an easy path.
In fact, it's expensive.
It's time consuming, and sometimesthe odds just act against you.
But in this case, the retiredmusician had a strong claim.
(03:42):
The dolls were undeniablymodeled after the group's image.
I imagine the courtroom sceneplayed out something like this.
Your honor, it's clear that thedefendant's product, these dolls
are not just inspired trends.
They're a direct representationof my client's pop group, the
hairstyles, the clothing, even theaccessories, everything is copied
(04:03):
from their carefully cultivated image.
And yet my client has notreceived a penny royalties.
Your Honor, my client creates dollsbased on market research and trends.
There is no direct linkbetween my client's
dolls and the plantiff's pop group.
It's simply a coincidence.
We'll see what the courthas to say about that.
(04:24):
the evidence was too clear.
when you look at this You see, Imean, these are exact copies of the
promo and the concerts, the costumes,and they took this existing line
of dolls and created a version thatwas basically crafted after these
image and likeness of the girl group.
(04:46):
So what happened?
The jury saw for what it was.
infringement, plain and simple.
And the retired musician won big time.
The court awarded her asubstantial amount in damages.
Not only did she get the compensationfor the sales of the dolls, but she
also secured future royalties on anyproducts based on the group's image.
(05:07):
The victory was huge, bothfinancially and in defending her
intellectual property rights.
And I know this sounds like, Tariq'smaking up a story, may sound like
something out of a movie, somethingthat's made up, but it's not as
fictional as you might think.
In fact, something very similar happenedrecently in the world of pop culture.
(05:27):
, I don't know if you're familiar with T.
I., the rapper, Clifford Harrisand his wife, , Tamika Tiny Harris.
T.
I.
is a rapper out of Atlanta.
And Tiny Harris is a singerformerly from the girls group
Xscape, a songwriter as well.
she and her husband, they sued thepopular LOL Surprise Dolls after alleging
(05:49):
that the LOL Surprise Dolls OMG linecopies the likeness of members of the
now defunct girls group OMG girls, ateen pop group that included Harris's
daughter, and after a hard fought legalbattle they won a massive 71 million
lawsuit, 71 million I mean, this is areal life real world perfect example
(06:11):
of how enforcing your intellectualproperty rights can lead to huge
financial victory, especiallywhen others try to profit off
your work without permission.
Let me check that out.
What's the real lesson here?
Intellectual property is only as powerfulas your willingness to defend it.
The pop group's image was theirIP, but it meant nothing until
(06:32):
they enforced their rights.
So we go back and havethe IP asset mindset.
You can develop and fortify your IPasset, which this group had done.
Defending it is key to ensuring thatyour asset is yours to benefit from.
If you work hard to develop yourIP, don't let others steal it.
(06:53):
Be prepared to enforce it when necessary,whether that means sending a cease and
desist letter or taking it all the wayto court, because at the end of the day,
your intellectual property is your assetand defending it is key to ensuring
that asset is yours to benefit from.
Now we're going to give you even morebehind the scenes about the case.
(07:17):
So, back in the early 2000s, well reallythe 2010s, Tiny Harris formed a teen
pop group called the OMG Girls, whichincluded her daughter and two other girls.
The group is well known fortheir unique and trendy style.
We're going to look atthe details of the case.
, TI tiny one, 71 million, a lawsuitagainst the maker of the popular
LOL surprise dolls after the allegedthat the brand's line of OMG dolls.
(07:44):
So they had a line named OMG, similarto the OMG girls copied the likenesses
of members of the now defunct groupthat was founded 15 years ago.
So after a three week.
Three week trial federal jury inOrange County, California ruled toy
conglomerate MGA Entertainment violatedthe intellectual property rights of the
OMG girls with seven of its dolls afterTi and Tiny's lawyer accused the company
(08:08):
of of bullying and misrepresentations.
The damages award tothe couple included 17.
8 million in real damages.
The profit, the company said it madeon the dolls in question and 53.
6 million in punitive damages.
Throughout the trial, the three originalmembers of the OMG girls, Harris's
daughter, Zonique, Star Pullens, aswell as Baja or Baja beauty Rodriguez
(08:35):
and Brianna baby doll Womack reportedlytestified that the dolls copy the band
members looks from specific public events.
An attorney cited social mediaposts from fans who assumed the
Dolls were inspired by the bandbecause they looked so familiar.
MGA argued that the companydid not misappropriate the
identity of the music group.
The Dolls would not be mistaken for theshort lived band the OMG Girls broke up
(09:01):
in 2015, and the group suffered no actualharm or lost business opportunities.
The latest lawsuit is the third time T.
I.
and Tiny have tried to sue Over the Dolls,claiming MGA Entertainment stole the look
of their group of young multiculturalwomen and committed cultural appropriation
and outright theft with their product.
(09:22):
The first case ended in a mistrial andthe second ended in a win for MGA before
the verdict was overturned on appeal.
MGA Entertainment can still appealthe most recent verdict, though
representatives did not immediatelyrespond to the Forbes request for
comment on the company's plans Tuesday.
So what do we see?
We see that the Harris familydecided to take legal action.
(09:43):
They filed a lawsuit against MGAEntertainment alleging that dolls
blatant an infringement on the likenessand brand image of the OMG girls.
So it wasn't just about the aestheticsimilarities, , it was about the
core issue of someone profiting offof someone else's creative works.
We see here in the images thatthe costumes were just like the
girl's costume, down to theirsole performance and everything.
(10:04):
So this is a prime example of why it's soimportant to protect and enforce your IP.
Even if your brand or creativework isn't actually in use, that
doesn't mean others have the rightto use it without your permission.
So likeness, style, and creative identity,these are all valuable aspects of
your IP and they need to be defended.
The Harris family understood thelong term value of their creation
(10:25):
even though the OMG girls were nolonger a functioning group and their
willingness to fight for that IPultimately resulted in a significant
victory, both financially and legally.
The case also sends a strong message toother companies in the toy entertainment
industries can't simply take inspirationfrom real life individuals or groups
without proper licensing or permissions.
(10:47):
Brands, especially those withcreative expressions like music
groups or entertainment ensemblesdeserve and require protection.
The 71 million award wasn't just aboutdoll sales It was a statement on how
much value intellectual property holds,even in situations that might seem small.
In this case, the line between inspirationand infringement was clearly crossed,
(11:10):
and the court rightfully recognized that.
So as you think about your ownIP assets, remember this story.
Whether you're an artist, entrepreneur,or inventor, Protecting and enforcing
your intellectual property iscritical to preserving its value.
This case highlights theimportance of understanding your
rights and taking action whenthose rights are infringed upon.
You have to stay vigilant,protect your creations, and never
underestimate the value of yourIP, even if it's not in use today.
(11:33):
You never know when someoneelse might see an opportunity
to profit from your hard work.
So that's it for today's episodefrom Patent and Insider Secrets.
In this episode, we've explored howenforcing your rights and defending
them can lead to real world wins.
Not just in terms of conversation,but in terms of protecting your core
creativity and business identity.
I'm your host, Tariq Najee-ullah,and I hope you'll join me next time
(11:55):
as we delve into pillar number four,IP commercialization, see you then.
Um,
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