The Bratz Are Back In Town!

With his usual aplomb, Judge Alex Kozinski of the 9th Circuit casually eviscerated the trial court’s decision in last year’s Barbie vs. Bratz battle, opining that Carter Bryant’s contract with Mattel did not cover “ideas” (only “inventions”) and that it simply wouldn’t be fair to hand Barbie the keys to her her little sister’s billion dollar doll factory.  In Kozinski’s words:

It is not equitable to transfer this billion dollar brand—the value of which is overwhelmingly the result of MGA’s legitimate efforts—because it may have started with two misappropriated names. The district court’s imposition of a constructive trust forcing MGA to hand over its sweat equity was an abuse of discretion and must be vacated.

The full opinion is quite entertaining. For those who want more details from the pundits, please see the Wall Street Journal article and the slightly different take by Bloomberg.


  1. Hien Mccright says:

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