T.I., Tiny Accuse Toy Titan of Being ‘Willful Infringer’ in Third Trial

Rapper T.I. and Wife Tiny Return to Court in Lawsuit Over Toy Dolls

In a highly anticipated case, rapper T.I. and his wife Tiny returned to a California courtroom on Tuesday to pursue a multimillion-dollar lawsuit against toy manufacturer MGA Entertainment. The couple claims that MGA’s "L.O.L. Surprise! O.M.G." line of dolls, featuring fashion-forward, wide-eyed dolls with brightly colored hair and outfits, infringes on the intellectual property rights of their all-female musical act, OMG Girlz.

Background

The OMG Girlz were created by T.I. and Tiny in 2009 and co-owned by the couple. The group’s colorful hairstyles, costumes, and distinctive styling have become a hallmark of their image. In 2020, lawyers for T.I. and Tiny sent a demand letter to MGA, claiming that the toy company’s dolls were violating their intellectual property rights. MGA responded by filing a lawsuit, seeking to confirm its ownership of the name and image of its dolls. T.I. and Tiny then filed a cross-complaint, alleging that MGA misappropriated the name, likeness, and "trade dress" of OMG Girlz.

The Lawsuit

The lawsuit, now in its third iteration, seeks an award of $17 million to $25 million from MGA. In his opening statement, T.I.’s lawyer, John Keville, argued that MGA became a "willful infringer" of OMG Girlz’s intellectual property when it designed the dolls in its "L.O.L. Surprise! O.M.G." line. Keville also claimed that MGA would engage in "some character assassination" of T.I., known for his pioneering work in the trap genre and his various legal woes.

MGA’s lawyer, Paul J. Loh, countered that the toy company was the victim of a "money grab" and a "family hustle." Loh pointed out that MGA was making dolls with brightly colored hair and rockstar styling as early as 2007, long before the launch of the "L.O.L. Surprise! O.M.G." line in 2019. He showed jurors photos of musicians with similar hairstyles and outfits, arguing that the style was not unique to OMG Girlz.

The Case’s History

The case has a long and complex history. The first trial in January 2023 ended in a mistrial after jurors heard barred testimony accusing MGA of "racist cultural appropriation." The second trial in spring 2023 resulted in a victory for MGA, with the jury ruling in favor of the toy company. However, the Supreme Court intervened in June 2023, ruling that consumer confusion should carry more weight than previously thought in cases of trademark infringement involving expressive works. The ruling granted T.I. and Tiny a re-trial.

The Trial

In his opening statement, Keville told the jury that his clients planned to narrow the scope of the case to less than 10 dolls with "very close associations" to specific public events and outfits linked to OMG Girlz. He noted that MGA collected revenues of $340 million and profit of $100 million from the 31 dolls initially at issue in the case.

Loh, on the other hand, used his opening to point out that MGA’s dolls were designed with a consistent look that was instantly recognizable, much like the rock group KISS. He argued that OMG Girlz varied their look significantly over the years, making it difficult to prove that MGA’s dolls were an exact copy.

Reactions

As the trial concluded, T.I. told Rolling Stone that he was feeling "chill" despite Loh’s attempt to cast him as a central figure in the case. T.I. expressed pride in his wife and daughters, who are members of OMG Girlz, and said he was confident that they would emerge victorious.

Breaunna Womack, a member of OMG Girlz, expressed similar confidence, telling Rolling Stone that she felt great about the case and was looking forward to telling their story.

Conclusion

The case is a complex and contentious one, with both sides presenting strong arguments. As the trial continues, it remains to be seen whether T.I. and Tiny will emerge victorious or if MGA will successfully defend its intellectual property rights.

FAQs

Q: What is the lawsuit about?

A: The lawsuit is about T.I. and Tiny’s claim that MGA’s "L.O.L. Surprise! O.M.G." line of dolls infringes on the intellectual property rights of their all-female musical act, OMG Girlz.

Q: How much money are T.I. and Tiny seeking?

A: T.I. and Tiny are seeking an award of $17 million to $25 million from MGA.

Q: What is the history of the case?

A: The case has had two previous trials, both of which ended in mistrials. The Supreme Court intervened in June 2023, ruling that consumer confusion should carry more weight than previously thought in cases of trademark infringement involving expressive works. The ruling granted T.I. and Tiny a re-trial.

Q: What are the main arguments presented by both sides?

A: T.I. and Tiny argue that MGA’s dolls are an exact copy of OMG Girlz’s image, while MGA claims that the dolls were designed with a consistent look that is instantly recognizable, similar to the rock group KISS.