$100 Million Lesson Learned?

In the relentless world of live performers, crafting a unique image is paramount to outshine the competition. A style that screams individuality and self-expression becomes the defining mark of an artist. For the OMG Girlz, a teen pop sensation that exploded onto the scene in 2009, their signature look wasn't just a wardrobe choice; it became a brand that influenced an entire generation of fashion-forward teenage girls.

Dazzling the world with their brightly colored hair and bedazzled tops, the OMG Girlz became trendsetters, inspiring countless girls to embrace their own personal style. But their impact went far beyond the music industry. In 2019, MGA Entertainment, a prominent toy company, launched a spin-off line for their popular LOL Surprise Dolls, aptly named LOL Surprise OMG Dolls.

​These new dolls, numbering over 50, flaunted vibrant, multi-colored hair and donned punk-ish ensembles - a striking resemblance to the OMG Girlz's iconic style. Coincidence or blatant knockoff? The OMG Girls cried foul and decided to take legal action against MGA Entertainment, filing a jaw-dropping $100 million copyright infringement lawsuit.

Their claim was crystal clear…at first: the animated OMG Dolls copied their distinctive physical appearance, hairstyles, hair colors, and overall fashion flair. But that wasn't the only dagger pointed at MGA. Tiny Harris, the founder of OMG Girlz, and her husband, rapper T.I., accused MGA Entertainment of planning a line of OMG Girlz-inspired dolls back in 2010 but conveniently failing to engage in a licensing agreement or discuss rightful compensation with the group. Talk about adding insult to injury!

What makes this lawsuit even juicier is the fact that it's not MGA Entertainment's first brush with celebrity copyright infringement. In a separate case, the toy giant faced legal action from BMG, a music company, over allegations of ripping off the Black Eyed Peas' hit song "My Humps" for one of its toys. This pattern of allegedly capitalizing on celebrities' creative works raises eyebrows and adds a spicy twist to the OMG Girlz saga (unfortunately, not really relevant from a judicial perspective).

As the courtroom drama unfolded, emotions ran high when a Black woman named Moneice Campbell, a former MGA customer, entered the scene with her fiery testimony. Campbell openly expressed her refusal to support a company that seemed to profit off ideas stolen from the African-American community, calling it cultural appropriation at its worst.

However, this testimony proved to be a double-edged sword for the OMG Girlz's case. MGA's lawyers seized the opportunity to argue that Campbell's powerful words had unduly influenced the jury, leaving a permanent stain on the fairness of the trial. Despite the judge's warnings, Tiny and TI's legal team persisted in accusing MGA Entertainment of "racist cultural appropriation," adding an even more explosive element to the proceedings.

After a nail-biting wait, the verdict was swift and crushing. In less than two hours, the jury ruled in favor of MGA Entertainment, dashing OMG Girlz's hopes of a $100 million payday. As a final blow, MGA hit back with a countersuit, demanding a whopping $6 million in legal fees from Tiny and TI.

Even though MGA Entertainment remains adamant in denying any connection between the OMG Girlz's iconic style and the LOL Surprise OMG Dolls, their history of copyright disputes with celebrities, including the BMG case, has tongues wagging. The burning question remains: is this a mere coincidence, or does MGA have a penchant for knocking off the creative works of famous stars?

In the aftermath of this legal battle, one thing is clear: standing out in the cutthroat world of entertainment means fiercely protecting your style, swag, and artistic expression. For the OMG Girlz, their journey continues, and their indomitable spirit is reflected in the lyrics of their hit single, "Gucci This Gucci That": you might have the same outfit, but if you ain't got my swag, you can't rock it like this. The battle for originality and individuality rages on...just with artists other than the OMG Girlz.

Entertainers/celebrities (to-be) take heed and start now developing and protecting your intellectual property, including trade dress/trademark, copyright, name, image likeness (the “IP”). OMG Girlz had a crystal clear claim based strictly on their IP, yet they muddied the waters with irrelevant assertions (at least, in a court of law), which probably cost them up to $100M.