Judge Upholds $100M Verdict for Mattel
Headline Legal News
A federal judge upheld a $100 million jury verdict Monday for MattelInc. in a lengthy legal battle over rights to the Bratz doll, a rivalto Mattel's Barbie.
U.S. District Judge Stephen Larson also confirmed in his ruling lateMonday that the Bratz doll — marketed by MGA Entertainment Inc. since2001 — is Mattel property. He appointed a temporary federal receiver totake control of the Bratz brand and MGA's assets.
The receiver will decide who produces the doll and under what terms,but the order authorizes the receiver to maximize profits by "sellingBratz-branded dolls and other goods through appropriate channels oftrade and distribution."
Mattel attorneys have said in court that the company is willing andable to produce Bratz dolls once receivership issues are sorted.
MGA President Isaac Larian said his company will appeal the ruling.
Mattel sued MGA in 2004, alleging that Bratz designer Carter Bryantdeveloped the concept for the pouty-lipped doll while working forMattel.
After a four-year legal dispute, a jury last year awardedMattel $10 million for copyright infringement and $90 million forbreach of contract.
After the verdict, Mattel sought to block MGAfrom ever making the Bratz dolls, and Larson ordered the company inDecember to end its sales in early 2009.
MGA argued thatretailers would not order the toys unless the court could guaranteethey would remain in stores through most of this year. MGA got areprieve in January when Larson ruled that the dolls could remain instores for the rest of the year.
He left open the possibility that Mattel or a court-appointed receiver could ultimately market the dolls this year.
A hearing is scheduled for May 18 to discuss whether the receivership should be made permanent.
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On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.
For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.
Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.
USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.