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Judge Declares Mistrial In OMG Dolls Lawsuit After ‘Cultural Appropriation’ Testimony

   DailyWire.com
OMG Girlz
Rick Kern/WireImage via Getty Images

The maker of the popular children’s toy L.O.L. Surprise! OMG Dolls was granted a mistrial this week when a federal judge ruled that prohibited testimony on cultural appropriation was introduced during proceedings.

Toymaker MGA Entertainment is currently involved in an intellectual property dispute with rapper T.I. and former teen pop group OMG Girlz. The company sued OMG Girlz, rapper Clifford T.I. Harris, and Xscape singer Tameka “Tiny” Harris, mother of former OMG Girlz member Zonnique Pullins, per Bloomberg Law. 

The lawsuit sought a declaratory judgment that OMG Dolls didn’t infringe on the intellectual property rights of the former band. This was after MGA received a cease and desist letter demanding they stop selling the toys.

The OMG Girlz performed from 2009 to 2015. They countered that the toy company had misappropriated their name and likenesses plus sought damages. They claimed the dolls were copies of OMG Girlz and were “intentionally designed to trade on the OMG Girlz’ likeness and brand.”

The OMG Girlz further alleged cultural appropriation, saying MGA Entertainment and its CEO Isaac Larian were using the dolls “to misappropriate the likeness of black female artists.” 

Judge James V. Selna of the Central District of California barred testimony about the alleged racist cultural appropriation.

The trial began on January 17 and was abruptly halted this week following the introduction of prohibited statements mentioning cultural appropriation. Jurors heard a woman testifying she “did not want to support a company that steals from African Americans and their ideas.” 

According to court documents, Judge Selna agreed that the woman’s testimony regarding cultural appropriation was considered a “rant” and was prejudicial against the defendant, MGA Entertainment. 

T.I.’s lawyer, Erin Ranahan, tried to get Judge Selna to reconsider, claiming the testimony didn’t help their case. But ultimately, the judge declared a mistrial.

Pullins had previously posted photos of OMG Girlz next to images of OMG Dolls, asking her Instagram followers to weigh in on whether they saw the resemblance. Most of them agreed that the dolls have a similar look. 

“Two things will not be disputed: Isaac Larian and MGA have sold a lot of OMG dolls,” Attorney David Scheper said during his opening statements. “And the OMG Girlz and their family have never asked for permission, never given permission and never made a penny from all those sales.”

“This case is about greed. That’s what it’s about. It’s a shakedown,” MGA attorney Jennifer Keller refuted. 

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