A federal judge Monday reinstated more than $53 million in punitive damages against MGA Entertainment Inc. in a legal dispute with rapper T.I. Harris and his singer-songwriter wife.
U.S. District Judge James Selna had tentatively ruled nearly a month ago that he would erase the jury’s $53,616,759 punitive damages award and uphold the $17.8 million in profits to the singers. But after hearing arguments from both sides Jan. 6 he said he would issue a final ruling later.
The rapper and his wife, Tameka “Tiny” Harris, won all of the $17.8 million in profits from seven MGA dolls and punitive damages of $53,616,759 in a verdict handed down Sept. 23. The Harris family successfully made the case that seven dolls were a copy of their OMG Girlz singing group.
Selna issued a tentative ruling saying there was not enough evidence to show MGA acted in a way that would legally warrant the punitive damages in the infringement case.
The argument last month hinged on whether the jury’s verdicts were advisory, which would leave it up to Selna to decide the monetary award. Selna, however, ruled that both sides had agreed to a jury verdict.
Selna ruled “the parties consented to a jury trial and there was no indication that the verdict on punitive damages was to be treated as an advisory verdict.”
He added, “At no time did MGA object that punitive damages were an issue for the (judge) and not the jury.”
Selna noted that prior to the arguments on punitive damages he said it would be “an issue for the jury. Are you prepared to proceed?”
That prompted MGA to request more time to research the issue because it was “important,” but Selna denied that request.
Selna also sided with the Harrises on the issue of whether overhead should carve into the $17.8 million award for profits. MGA had argued the correct figure should be $9,180,277, but Selna faulted MGA for not providing enough evidence of the overhead.
“We’re just elated,” Tameka Harris told reporters following the verdict in September.
“The third time’s the charm,” Harris said, referring to a prior mistrial in the case, followed by an MGA victory last year, and then a rematch in September.
In September 2023, Selna granted another trial based on new law in a case involving a dog toy and the Jack Daniel’s distillery. In June 2023, the Supreme Court issued an opinion in that case changing how the First Amendment factors into defenses against trademark infringement.
At issue in the trial was whether consumers would be confused and think the Lol Surprise! OMG doll line was some sort of partnership with the OMG Girlz group, which broke up in 2015 but reformed for a show at the Apollo on New Year’s Eve in 2017, officially reunited in 2023 and have toured and recorded since then.
In the follow-up trial the case was narrowed down to these dolls: Chillax, Roller Chick, Metal Chick, Bhad Gurl, Prism, Miss Divisne and Runaway Diva.
Attorney John Keville, who represented the couple, noted in his argument to jurors for punitive damages how MGA argued that the girl group “made only $6,000” to show “they’re small in their eyes… and weak, and could be taken advantage of and they did.”
Keville implored jurors to “send them a message” and suggested punitive damages ranging from $17.8 million to $36 million to $72 million.
Attorney Paul Loh, who represented MGA, argued to jurors that the company had sold 45 million dolls from the line but “never heard any complaints from customers or problems about confusion.”
In 2020, the Harris family sent MGA a letter about the trademark infringement, prompting MGA to sue for declaratory relief because at the time the company thought the claims of similarities between the girl group and the dolls were “unfounded.”
He added, “We do not believe evidence was presented that the OMG Girlz were harmed in any way” by the doll line.
Since the jury had found the company must turn over all of the profits from the seven dolls, that should be enough punishment, Loh argued.
“They’re receiving 100% of the profits. We believe that’s already substantial,” Loh said. “A message has been sent.”
Keville responded that there was evidence from some customers who reported they believed the OMG Girlz were in a “partnership” with MGA on the doll line. One witness said her complaints were routinely taken down on MGA’s Facebook page, Keville said.
The Harris family had considered its own doll line but couldn’t pursue it, Keville argued.
Keville persuaded the Harris family to narrow its claim from 25 dolls to seven in its legal strategy.
Said Kerville: “They had the courage to stand up to a corporate bully.”
In the 2023 trial, there were 71 dolls called into question.