Clifford “T.I.” Harris is pushing a California federal judge to reconsider his decision to axe the $53.4 million originally awarded to the Harrises in their long-standing legal battle between toy giant MGA Entertainment and O.M.G. Girlz, the pop group co-owned/founded by the Harris family.
On Monday (January 6), AllHipHop obtained a legal document which revealed the initial $71.4 million in compensatory damages awarded to the Harris family and the O.M.G Girlz in 2024 would be reduced to $17.8 million. However, the court has yet to finalize its decision regarding punitive damages, which could potentially restore a significant portion of the original award.
“There’s a lot to contemplate. I want to put this down for a couple days, and I want to come back to it fresh from the top,” the judge said.
Update: Judge Selna has not finalized his order! He might change his mind! This is why he issues *tentative* orders before hearings.
“There’s a lot to contemplate. I want to put this down for a couple days, and I want to come back to it fresh from the top,” the judge said.
— Meghann Cuniff (@meghanncuniff) January 7, 2025
As previously reported, Judge James V. Selna tenatively revised ruling grants the O.M.G. Girlz $17,872,252 under common law misappropriation, but it declines to award punitive damages or enhance the award under the Lanham Act. T.I. and Tiny Harris originally filed the lawsuit in 2020, alleging that MGA’s line of L.O.L. Surprise! O.M.G. Dolls unlawfully profited from the OMG Girlz’s name, likeness and unique trade dress.
According to a Law360 report, the Harris families legal team team contended MGA’s failure to investigate allegations of infringement following a cease-and-desist letter in 2020 demonstrated willfulness and fraud. John R. Keville, an attorney for the Harris family, highlighted evidence presented to the jury, including testimony that one of MGA’s doll designers was a fan of the O.M.G. Girlz and had the group featured on her Pinterest board. Keville argued this evidence supported the jury’s finding of malice, fraud, or oppression, making the $53 million punitive damages award justified.
“Jurors heard evidence of MGA’s misrepresentations about when it first became aware of the OMG Girlz, as well as its failure to investigate infringement accusations,” Keville stated a court hearing.
MGA’s counsel, Mark Finkelstein, defended the tentative ruling, arguing the court has discretion over whether to adopt or reject advisory verdicts. Finkelstein maintained that while MGA may not have adequately responded to the cease-and-desist letter, negligence does not amount to intentional deception. He also contended that attributing profits from the O.M.G. Dolls line to the OMG Girlz lacked sufficient evidence.
“The Harrises have only produced consumer testimony to demonstrate attributability, but MGA has presented substantial evidence showing not every customer purchased the dolls due to perceived resemblance to the OMG Girlz,” Finkelstein argued.
The ongoing case marks a third trial in the dispute between the Harris family, the O.M.G Girlz and MGA, following the reversal of earlier rulings. Last September, a federal jury awarded $17.8 million in compensatory damages and $53.6 million in punitive damages, determining that MGA’s infringement was willful. The OMG Girlz, founded by Tiny, gained fame for their colorful and distinctive aesthetic, which the group alleges MGA mimicked in its doll designs.
