OMG Girlz-MGA Fight Roiled by Shouts of Racism After Mistrial

Allegations of racism and and attorney misconduct are roiling an intellectual property lawsuit between a disbanded teen pop group and the maker of a series of dolls they say misappropriated their images—even after a mistrial was declared this week.

MGA Entertainment Inc., the company behind the popular L.O.L. Surprise! OMG Dolls, responded in a Thursday filing to allegations that their attorney, Jennifer Keller of Keller Anderle LLP, during cross examination had inappropriately “tried to weaponize a term, the ‘N-word,’” used by former OMG Girlz member Zonnique Pullins in song lyrics.

Those allegations, made in OMG Girlz’ after-the-fact opposition to the request for a mistrial, were made “solely to smear Ms. Keller by falsely accusing her of being a racist, in the hopes that it would (like much else in this trial) be disseminated on social media,” MGA wrote. It called the claims “grossly inappropriate, false, and inflammatory” and asked Central District of California Judge James V. Selna to order OMG Girlz attorney Erin Ranahan of Winston and Strawn LLP to provide reasons why she shouldn’t be sanctioned for leveling the allegations.

The dueling motions follow the derailing of the trial Tuesday after a deposition was played in court accusing MGA of cultural appropriation, even though such testimony had been barred before the trial started. The case centers on whether MGA’s OMG Dolls infringe the OMG Girlz’ name and likenesses—though race has never been far from the surface in the case, and counterclaims alleging cultural appropriation were filed before being dropped ahead of the trial.

Race cannot be eradicated from the case, OMG Girlz argued in their opposition, and MGA’s counsel’s treatment of the OMG Girlz brought it to the forefront.

OMG Girlz’ opposition addressed Keller’s use of a term the Black community “has fought so hard to gain control of,” noting that “her use evolved from one with a soft ‘a’ at the end to one with a hard ‘er,’ which significantly changes its effect.”

MGA Entertainment originally sued OMG Girlz along with Xscape singer Tameka “Tiny” Harris and Clifford T.I. Harris—Pullins’ mother and stepfather—in December 2020, seeking a declaratory judgment that its OMG Dolls didn’t infringe on the intellectual property rights of the former band.

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 members of the band.

The counterclaims also alleged 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 Selna granted MGA’s motion to exclude mention of them at trial.

In a sur-reply also filed Thursday, the OMG Girlz pushed back on MGA’s call for sanctions, arguing that their opposition was relevant and appropriate. They called MGA’s filing “a vehicle to attack counsel directly” and “highly inflammatory and offensive.”

“I think our filing speaks for itself,” Keller said in a statement to Bloomberg Law.

Counsel for the OMG Girls didn’t immediately respond to a request for comment.

The case is MGA Entertainment Inc. v. Clifford T.I. Harris et al, C.D. Cal., No. 2:20-cv-11548, reply and sur-reply to opposition to mistrial motion 1/26/23.