During their career, OMG Girlz had several singles on the Billboard Hot R&B Hip-Hop chart and achieved more than 50 million views on YouTube. While the group went their separate ways in 2015 and only recently united in 2023, their style, glamour, and influence remained strong. It remained so strong that in 2019, MGA Entertainment, a toy company, released a line of dolls that were more than just influenced by the teen pop group—the dolls stole the vibrant and unique look of OMG Girlz, according to a federal jury in California. Specifically, after a three-week trial and six hours of deliberations, the jury found that MGA infringed on the trade dress and publicity rights of the OMG Girlz.
A Lengthy, Contentious Legal Battle
The verdict followed a lengthy, contentious legal battle dating back to 2021. MGA’s line of L.O.L. Surprise! OMG dolls was a huge success, raking in hundreds of millions in sales and even winning the Toy Association’s Doll of the Year Award the year after its release. Some of the dolls, however, bore an uncanny resemblance to OMG Girlz’s signature looks.
T.I., Tiny, and OMG Girlz LLC sent MGA a cease-and-desist letter asserting that the dolls infringed on their intellectual property rights. To get ahead of potential litigation, MGA filed a complaint for declaratory judgment in California federal court against T.I., Tiny, and their companies that controlled the intellectual property associated with OMG Girlz, asking the court to rule that the doll line did not copy OMG Girlz’s name, image, or trade dress. They countersued, alleging that MGA had committed both “cultural appropriation and outright theft of the intellectual property” by stealing the look of a group of “young multicultural women.”
To demonstrate how brazen MGA’s copying was, the complaint included side-by-side images showing how each OMG doll was directly based on a particular member of the OMG Girlz. The complaint also alleged that OMG Girlz’s signature combination of bright-colored hair, the “OMG” phrase, and layered, urban, edgy, and experimental clothing was protectable trade dress.
OMG Girlz Case Went to Trial Three Times
Over three years of litigation, the case went to trial three times. The first trial ended in a mistrial when the judge ruled jurors heard unauthorized testimony about cultural appropriation.
The second trial ended in a verdict in favor of MGA, but the judge granted T.I. and Tiny’s request for another trial because she found that the jury was improperly instructed after the US Supreme Court unanimously reinstated a trademark suit from the Jack Daniel’s brand against VIP Products. In that ruling, Justice Elena Kagan said the Rogers test, which allows trademarks to be used without permission if they are part of a work that is “artistically expressive” and does not “explicitly mislead” consumers, didn’t apply if the so-called parody itself was also seeking to enforce trademark rights. Based on this decision, the judge ruled that the jurors in the OMG Girlz should not have been instructed on the Rogers test.
During the third trial, T.I. and Tiny argued that MGA’s dolls copied the OMG Girlz looks at “very specific public events or in publicized photos.” In response, MGA downplayed the success of OMG Girlz, stating that its designers had never heard of the “short-lived” OMG Girlz and never would have copied from the group. MGA also argued that their dolls bore no resemblance to OMG Girlz and that no customers were or could have been confused.
The Jury Sided with T.I. and Tiny
The jury found that 15 dolls out of 30 in total infringed on OMG Girlz’s trade dress and misappropriated their name, images, and likenesses. The jury also found that the misappropriation of OMG Girlz’s name, likeness, or identity was done with malice, oppression, or fraud. In total, the jury awarded $17.8 million in compensatory damages and $53.6 million in punitive damages.
This verdict should send a strong warning to companies seeking to capitalize on the likeness of creators without due permission, recognition, and compensation.