MGA’s OMG Dolls Cleared of Infringing Pop Group OMG Girlz’ Look

MGA Entertainment Inc.'s line of L.O.L. Suprise! OMG Dolls didn’t rip off former teen pop group OMG Girlz’s names and likenesses, a Los Angeles jury concluded in a case that’s involved a mistrial, allegations of racism, and calls to sanction attorneys.

Friday’s verdict in the US District Court for the Central District of California, following a retrial, found the company didn’t infringe the OMG Girlz’s intellectual property rights.

“We’re very pleased that the jury returned such a swift and just verdict,” MGA’s lead attorney, Jennifer Keller of Keller Anderle LLP, said in a statement to Bloomberg Law. “MGA and its immensely talented designers and other creatives have been vindicated.”

MGA in December 2020 sued OMG Girlz, Xscape singer Tameka “Tiny” Harris, and rapper Clifford Harris, who goes by the stage name “T.I.”. Harris and T.I. are OMG Girlz member Zonnique Pullins’ mother and stepfather.

MGA sought a declaratory judgment that its dolls didn’t infringe on the former group’s IP rights.

The OMG Girlz, who performed from 2009 to 2015, responded with counterclaims alleging misappropriation of their name and likenesses, trade dress infringement, and unfair competition. They claimed that the dolls’ names and appearances were intentionally designed to look like the members of the band.

The counterclaims drew attention for their allegations of cultural appropriation, accusing MGA CEO Isaac Larian of using his “doll business to misappropriate the likeness of Black female artists.” Those claims were removed in subsequent filings, and Judge James V. Selna granted MGA’s motion to exclude mention of them at trial.

Selna declared a mistrial in January after prohibited testimony on cultural appropriation was introduced. Racism allegations and demands for sanctions followed, with attorneys for MGA asking Selna to impose additional sanctions against the OMG Girlz’s lawyer Erin Ranahan for accusing MGA lawyer Keller of racism and misconduct.

The OMG Girlz’s attorneys accused Keller of inappropriately trying “to weaponize a term, the ‘N-word,’” used by Pullins in song lyrics, during cross examination.

During the retrial, which began earlier this month, MGA accused the OMG Girlz counsel of unethical behavior and “trial by ambush” when they brought up questions regarding an MGA mood board’s metadata during a cross-examination. It asked Selna to delay the trial to designate and depose expert witnesses before they testified about the metadata claims.

Umberg Zisper LLP, Keller Anderle LLP, and in-house counsel represent MGA. Winston and Strawn LLP and Sheppard Mullin Richter and Hampton LLP represent T.I., Tiny Harris, and the OMG Girlz.

The case is MGA Entm’t Inc. v. Harris, C.D. Cal., No. 2:20-cv-11548, verdict 5/26/23.