T.I. and Tiny Harris have been awarded a third trial for their trade dress lawsuit against MGA Entertainment, the makers of OMG Dolls. The new trial was awarded to the duo on Sept. 15 by senior U.S. District Judge James Selna.
In May, the music moguls lost their lawsuit that claimed the toymaker modeled OMG Dolls after their group, OMG Girlz. The couple founded the group in 2009 and included their daughter Zonnique Pullins, Reginae Carter, Lourdes and Bahja Rodriguez, and later Breaunna Womack.
Tiny and T.I. alleged that the toymaker copied the likeness of OMG Girlz, a group known for their colorful outfits and hairstyles. The group’s signature look constituted their trade dress, which is the unique appearance that identifies a brand or product. An earlier trial ended with a mistrial.
According to reporter Meghann Cuniff of Legal Affairs and Trials, the couple was awarded a new trial because the jury was instructed to consider the dolls a form of expression protected by the First Amendment.
However, the instruction contradicted a June 8 Supreme Court decision regarding a dog toy that resembles a Jack Daniels bottle, and now the duo is free to pursue a third trial against the toymaker.
“T.I. and Tiny get 3rd trial in lawsuit over dolls and OMG Girlz after judge tosses verdict,” she wrote. “ICYMI, it relates to a SCOTUS ruling about a dog toy that looks like a Jack Daniel’s bottle and upended a legal standard named for Hollywood legend Ginger Rogers.”
“When a change in law affects jury instructions, the [9th Circuit U.S. Court of Appeals] routinely vacates the judgment and remands in light of the change. The Court finds this further supports that a new trial is warranted,” wrote Selna.
The judge also denied the toymaker’s request demanding that the couple pay their legal fees.
Fans were shocked that the “Bugatti” rapper and his wife initially lost the case, with several noting the obvious similarities between OMG Girlz and OMG Dolls.
“I was surprised they lost after I saw some of the side-by-side examples where the humans had the outfits first,” wrote one fan. “Clearly indicating to me that there was something to copy from.”
“I mean to me they have a case,” noted another. “The whole color scheme is the omg girls and I don’t even know the group like that and the outfits literally match each one’s style to the T and the hair as well.”
Tiny shared a post to Instagram in January stating that the toy company had “no remorse.”
“This is a straight up & down infringement case on @omggirlz likeness & their creation that we all worked so hard to build. Only to be snatched by a big company with no remorse. I am only fighting for what’s right on behalf of the Girlz & us!!”
A new trial date has not yet been set, but the judge indicated that it would not take place until next year.
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