Barbie and the Bratz
From the Courts section of our Keep Current page: Trial court found that the creator of the ‘Bratz’ dolls did so while employed by Mattel and imposed a constructive trust and copyright injunction against MGA, maker of the dolls. Vacating, Ninth Circuit holds that since MGA’s legitimate efforts were largely responsible for the billion-dollar brand, a constructive trust was not equitable. The copyright injunction is vacated because the original design was only entitled to thin copyright protection. The expression of an attractive doll with exaggerated proportions is highly constrained. As the Court noted, the market for dolls looking like Bart Simpson’s aunts is limited.
By Karen Lyons