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Judge orders company to stop making popular Bratz dolls
chron.com ^ | Dec. 4, 2008 | GILLIAN FLACCUS

Posted on 12/04/2008 5:52:15 AM PST by IronKros

LOS ANGELES — The rowdy Bratz dolls have been evicted. Barbie has regained control of the dollhouse. Toy giant Mattel Inc., after a four-year legal dispute with MGA Entertainment Inc., touted its win in the case Wednesday after a federal judge banned MGA from making and selling its pouty-lipped and hugely popular Bratz dolls.

(Excerpt) Read more at chron.com ...


TOPICS: Society
KEYWORDS: bratz; children; copyrightlaw; dolls; intellectualproperty; judicialtyranny; mattel; propertyrights
Hopefully now I will no longer have to tell my 4 year old that those dolls are for big girls.
1 posted on 12/04/2008 5:52:16 AM PST by IronKros
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To: IronKros

I’m missing something here. The government has ordered a private enterprise to stop making and selling something? What right does the government have to regulate that?

There must be more to this case than what has been reported here.


2 posted on 12/04/2008 5:54:30 AM PST by Jemian
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To: IronKros

My wife refuses to let my daughters anywhere near the Bratz dolls.
I guess Barbies are just slutty enough ;)


3 posted on 12/04/2008 5:54:32 AM PST by SJSAMPLE
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To: Jemian

The designer of the Bratz dolls used to work for Mattel.
Mattel sued in court and it was ruled that the Bratz design was created on Mattel time.


4 posted on 12/04/2008 5:55:24 AM PST by SJSAMPLE
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To: SJSAMPLE

Pouty lips ?


5 posted on 12/04/2008 5:56:40 AM PST by Eric in the Ozarks
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To: SJSAMPLE

Yep, Barbie is a tramp from the suburbs, (with a good attorney) Bratz are innercity crack-ho dolls.


6 posted on 12/04/2008 5:57:13 AM PST by Travis T. OJustice (Change is not a destination, just as hope is not a strategy.)
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To: SJSAMPLE

Thank you. That wasn’t clear in the article. Now it makes sense.


7 posted on 12/04/2008 5:57:19 AM PST by Jemian
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To: IronKros

My wife and I call them SLUTZ.

Not sure why any parent would buy those for their girls.


8 posted on 12/04/2008 5:57:38 AM PST by PGR88
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To: Eric in the Ozarks
HO.


9 posted on 12/04/2008 5:58:14 AM PST by Travis T. OJustice (Change is not a destination, just as hope is not a strategy.)
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To: IronKros

While I disagree COMPLETELY with a judge ordering a private company to stop making a product (Barbie doesn’t own the fashion doll. Bratz looks nothing like Barbie) I am glad I don’t have to call them the “Slutz” dolls anymore.


10 posted on 12/04/2008 5:59:10 AM PST by autumnraine (Churchill: " we shall fight in the fields and in the streets, we shall never surrender")
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To: PGR88

HA! That’s what we call them too. With the Z on the end and everything.

Barbie did try to compete with their “Ho Dolls” as I called them. But they were the trashy line of Barbies


11 posted on 12/04/2008 6:00:14 AM PST by autumnraine (Churchill: " we shall fight in the fields and in the streets, we shall never surrender")
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To: All

Oh yeah, and time to buy all things Bratz as they soon will be a collectors item?


12 posted on 12/04/2008 6:00:51 AM PST by autumnraine (Churchill: " we shall fight in the fields and in the streets, we shall never surrender")
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To: IronKros

You’re nicer than I am. I tell my daughter she can never play with those dolls, and she shouldn’t be friends with anyone who does.


13 posted on 12/04/2008 6:01:01 AM PST by Melpomene
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To: autumnraine

Yeah! I am going to wonder down to my local Kmart and pick up a few.

My daughter will not allow me to buy them for my granddaughter she is 4 going on 5.

I think the baby bratz are the worse of all.


14 posted on 12/04/2008 6:02:18 AM PST by waxer1 ( Live Free or Die; Give Me Liberty or Give Me Death)
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To: SJSAMPLE

And Barbie was ripped off in proportions and look from a German doll.

I guess this is one of those “no compete” clauses. Even if the employee had been working on designs at home while employed by Mattel the case could turn out like this.


15 posted on 12/04/2008 6:04:47 AM PST by weegee (Sec. of State Clinton. What kind of change is it to keep the Bush-Clinton-Bush-Clinton Oligarchy?)
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To: IronKros
The Ebay sales are going to skyrocket. And I don't think many of those are going to end up in the hands of little girls, but instead in the hands of people who want to turn a profit.
16 posted on 12/04/2008 6:06:37 AM PST by NavyCanDo
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To: Travis T. OJustice

She has to be a mouthbreather... I can’t see a nose.


17 posted on 12/04/2008 6:07:20 AM PST by SolidWood (Sarah Palin - Everything that is Sweetness and Light! WE STAND WITH HER!)
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To: Travis T. OJustice

“It’s hard to be a pimp...”


18 posted on 12/04/2008 6:07:28 AM PST by weegee (Sec. of State Clinton. What kind of change is it to keep the Bush-Clinton-Bush-Clinton Oligarchy?)
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To: Jemian
I’m missing something here. The government has ordered a private enterprise to stop making and selling something? What right does the government have to regulate that?

From the article:

The ruling, issued in federal court in Riverside, followed a jury's finding that Bratz designer Carter Bryant developed the concept for the dolls while working for Mattel.

The same jury later awarded Mattel $10 million for copyright infringement and $90 million for breach of contract after a lengthy trial stemming from Mattel's 2004 lawsuit ended in August.

I would assume that there must've been a clause in the designer's contract that stated anything created while employed by Mattel is the intellectual property of Mattel.

This is a pretty common clause in the design business, whether it's fashion, software, or even dolls...

The article is poorly written and doesn't volunteer that information. And the Judge's decision is waaaaay overbearing for these types of cases. Usually, some sizable restitution money changes hands in these types of suits, and they go on making their product. But to force a manufacturer to stop making something is uncommon. Again, probably something missing from the poorly written article.
19 posted on 12/04/2008 6:07:51 AM PST by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: Melpomene

Whatever happened to Raggedy Ann???


20 posted on 12/04/2008 6:07:55 AM PST by FES0844 (FES0844)
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To: waxer1

There are Bratz... and there are Baby Bratz. Who exactly are they marketing them to?

21 posted on 12/04/2008 6:10:15 AM PST by SolidWood (Sarah Palin - Everything that is Sweetness and Light! WE STAND WITH HER!)
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To: SolidWood

Make that’s because her face was based on a a fish.


22 posted on 12/04/2008 6:11:26 AM PST by weegee (Sec. of State Clinton. What kind of change is it to keep the Bush-Clinton-Bush-Clinton Oligarchy?)
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To: weegee

23 posted on 12/04/2008 6:12:22 AM PST by Travis T. OJustice (Change is not a destination, just as hope is not a strategy.)
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To: SolidWood
There are Bratz... and there are Baby Bratz. Who exactly are they marketing them to?

To put it nicely, "Single, stay-at-home moms who are not financially secure."

24 posted on 12/04/2008 6:13:32 AM PST by Travis T. OJustice (Change is not a destination, just as hope is not a strategy.)
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To: bamahead

Thank you.


25 posted on 12/04/2008 6:16:22 AM PST by Jemian
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To: SolidWood

Shouldn’t they come with tiny coke spoons on that chain?


26 posted on 12/04/2008 6:17:44 AM PST by weegee (Sec. of State Clinton. What kind of change is it to keep the Bush-Clinton-Bush-Clinton Oligarchy?)
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To: autumnraine

You completely disagree that a court should be able order a company from violating the copyrights and patents of another company?

The dolls were created by a Mattel employee while he worked at Mattel. Therefore it was a work product that belonged to Mattel and MGA had no right to produce them.


27 posted on 12/04/2008 6:19:28 AM PST by Comstock1 (If it's a miracle, Colour Sergeant, it's a short chamber Boxer Henry .45 caliber miracle.)
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To: NavyCanDo
The Ebay sales are going to skyrocket.

Only for a month or so, that should give most people time to come to their senses and realize that they aren't worth squat and putting food on the table during the "Obama Depression" will be more important. ... Then again there are a bunch of stupid people in the world.

28 posted on 12/04/2008 6:21:14 AM PST by TexGuy (If it has the slimmest of chances of being considered sarcasm ... IT IS!)
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To: Jemian

As explained in the story, it’s called breach of contract.


29 posted on 12/04/2008 6:28:48 AM PST by Cheburashka (Democratic Underground: where PCP is not just for breakfast anymore.)
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To: Eric in the Ozarks

30 posted on 12/04/2008 6:29:38 AM PST by Red_Devil 232 (VietVet - USMC All Ready On The Right? All Ready On The Left? All Ready On The Firing Line!)
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To: IronKros

Workers in China at the Bratz factory react to the news.

31 posted on 12/04/2008 6:30:27 AM PST by isthisnickcool (GIVE ME YOUR MONEY BITCH! - President Obama)
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To: Jemian
There must be more to this case than what has been reported here.

If you only read the excerpt and not the article, there is definitely more to the case than what has been reported.

It is a copyright infringement case, and if you are making and selling something that is found to violate someone else's trademark or copyright you can bet your bottom dollar the government will step in and regulate that (and the federal government has a constitutional authority to do so -- it is one of the few constitutional authorities it has.)

32 posted on 12/04/2008 6:36:03 AM PST by VRWCmember
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To: Jemian
What right does the government have to regulate that?

US Constitution, Article I, Section 8
Section. 8. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; ...
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;...

33 posted on 12/04/2008 6:39:01 AM PST by VRWCmember
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To: IronKros
NEVER sign intellectual property agreements.
34 posted on 12/04/2008 6:40:12 AM PST by sig226 (1/21/12 . . . He's not my president . . . Impeach Obama . . . whatever)
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To: VRWCmember

The article was poorly written. The problem was not very well explained.


35 posted on 12/04/2008 6:42:07 AM PST by Jemian
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To: autumnraine

The judge made the ruling after a jury found that the creator of Bratz had developed them while working for Mattel and then took the idea to MGA, which marketed the dolls.


36 posted on 12/04/2008 6:48:20 AM PST by Above My Pay Grade
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To: Jemian
The article was poorly written. The problem was not very well explained.

Perhaps. But from the article, this is the crux of the story:

The ruling, issued in federal court in Riverside, followed a jury's finding that Bratz designer Carter Bryant developed the concept for the dolls while working for Mattel.

The same jury later awarded Mattel $10 million for copyright infringement and $90 million for breach of contract after a lengthy trial stemming from Mattel's 2004 lawsuit ended in August.


37 posted on 12/04/2008 6:48:36 AM PST by VRWCmember
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To: sig226
NEVER sign intellectual property agreements.

That is a good idea if you never plan to work for a company involved in development and production of new technologies or consumer goods. If you go to work for any major manufacturer or product development company, an intellectual property agreement will be one of the documents you must sign if you want them to pay you for working there.

38 posted on 12/04/2008 6:51:16 AM PST by VRWCmember
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To: VRWCmember

If they want you, they will amend the agreement. If not, then you’re not an employee, you’re a slave. That explains the quality of a lot of television - slave labor at its finest. What really puzzles me is how they got this under copyright law. It’s almost unenforceable. Trademark is much better protection. I’m wondering how Mattel managed to have this as a copyright case. Perhaps they made a little goof in their agreements. Considering the money at stake, I’d expect an appeal, and I’d expect Mattel to lose the appeal rather broadly.


39 posted on 12/04/2008 7:17:22 AM PST by sig226 (1/21/12 . . . He's not my president . . . Impeach Obama . . . whatever)
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To: Comstock1

The contract is overreaching. I’ve seen corporations that required a release from the hiring contract to even allow an employee to work on any computer software at home/off hours (say a children’s game where your day job is testing hardware designs).

The corporations know that their contracts aren’t always binding, but they will leave it up to your legal team to challenge each one of them.


40 posted on 12/04/2008 7:32:43 AM PST by weegee (Sec. of State Clinton. What kind of change is it to keep the Bush-Clinton-Bush-Clinton Oligarchy?)
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To: Comstock1

The toy could just as easily have been a carrot that you dress up or bunnies that have no wardrobes.


41 posted on 12/04/2008 7:33:41 AM PST by weegee (Sec. of State Clinton. What kind of change is it to keep the Bush-Clinton-Bush-Clinton Oligarchy?)
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To: isthisnickcool

Good one.


42 posted on 12/04/2008 7:34:13 AM PST by weegee (Sec. of State Clinton. What kind of change is it to keep the Bush-Clinton-Bush-Clinton Oligarchy?)
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To: isthisnickcool


CHEW FASTER, YOU ARE FALLING BEHIND ON YOUR QUOTA!
43 posted on 12/04/2008 7:36:08 AM PST by egannacht
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To: weegee

Hmmm, or a product that is a direct competitor to your bread and butter.


44 posted on 12/04/2008 7:57:40 AM PST by Comstock1 (If it's a miracle, Colour Sergeant, it's a short chamber Boxer Henry .45 caliber miracle.)
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To: Travis T. OJustice

The Bratz doll pictured above has apparently snorted so much cocaine her nose has fallen off, poor girl.


45 posted on 12/04/2008 8:24:42 AM PST by I Buried My Guns
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To: I Buried My Guns
Some people have to go the cosmetic route:


46 posted on 12/04/2008 8:35:29 AM PST by weegee (Sec. of State Clinton. What kind of change is it to keep the Bush-Clinton-Bush-Clinton Oligarchy?)
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