T.I. Pushes To Preserve $53M In Punitive Damages Initially Awarded In O.M.G. Girlz Lawsuit

Clifford “T.I.” Harris is pushing a California federal choose to rethink his choice to axe the $53.4 million initially awarded to the Harrises of their long-standing authorized battle between toy large MGA Leisure and O.M.G. Girlz, the pop group co-owned/based by the Harris household.

On Monday (January 6), AllHipHop obtained a authorized doc which revealed the preliminary $71.4 million in compensatory damages awarded to the Harris household and the O.M.G Girlz in 2024 could be diminished to $17.8 million. Nonetheless, the courtroom has but to finalize its choice relating to punitive damages, which may probably restore a good portion of the unique award.

“There’s rather a lot to ponder. I need to put this down for a pair days, and I need to come again to it recent from the highest,” the choose stated.

As beforehand reported, Choose James V. Selna tenatively revised ruling grants the O.M.G. Girlz $17,872,252 beneath widespread legislation misappropriation, nevertheless it declines to award punitive damages or improve the award beneath the Lanham Act. T.I. and Tiny Harris initially filed the lawsuit in 2020, alleging that MGA’s line of L.O.L. Shock! O.M.G. Dolls unlawfully profited from the OMG Girlz’s identify, likeness and distinctive commerce costume.

In keeping with a Law360 report, the Harris households authorized group group contended MGA’s failure to analyze allegations of infringement following a cease-and-desist letter in 2020 demonstrated willfulness and fraud. John R. Keville, an legal professional for the Harris household, highlighted proof introduced to the jury, together with testimony that one among 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 proof supported the jury’s discovering of malice, fraud, or oppression, making the $53 million punitive damages award justified.

“Jurors heard proof of MGA’s misrepresentations about when it first grew to become conscious of the OMG Girlz, in addition to its failure to analyze infringement accusations,” Keville said a courtroom listening to.

MGA’s counsel, Mark Finkelstein, defended the tentative ruling, arguing the courtroom has discretion over whether or not to undertake or reject advisory verdicts. Finkelstein maintained that whereas MGA could not have adequately responded to the cease-and-desist letter, negligence doesn’t quantity to intentional deception. He additionally contended that attributing income from the O.M.G. Dolls line to the OMG Girlz lacked ample proof.

“The Harrises have solely produced shopper testimony to reveal attributability, however MGA has introduced substantial proof displaying not each buyer bought the dolls attributable to perceived resemblance to the OMG Girlz,” Finkelstein argued.

The continued case marks a 3rd trial within the dispute between the Harris household, the O.M.G Girlz and MGA, following the reversal of earlier rulings. Final September, a federal jury awarded $17.8 million in compensatory damages and $53.6 million in punitive damages, figuring out that MGA’s infringement was willful. The OMG Girlz, based by Tiny, gained fame for his or her colourful and distinctive aesthetic, which the group alleges MGA mimicked in its doll designs.