SANTA ANA, Calif. (CNS) - The rapper T.I. and his singer-songwriter wife Tiny won their legal rematch Monday with toy giant MGA Entertainment Inc. over a doll line the couple say infringed on their trademarks from their OMG Girlz group with a $70.6 million verdict.
The Harris family won all of the $17 million in profits from seven MGA dolls, and punitive damages of $53,616,759.
"We're just elated," Tameka Harris told reporters following the verdict in the trial in a federal courtroom in Santa Ana.
"The third time's the charm," Harris said, referring to a mistrial in the case, followed by MGA's victory last year, and then a rematch this month.
Last September, U.S. District Judge James Selna granted a new trial based on new law in a case involving a dog toy and the Jack Daniel's company. In June 2023, the Supreme Court issued an opinion in that case changing how the First Amendment factors into defenses against trademark infringement.
At issue in the trial was whether consumers would be confused and think the Lol Surprise! OMG doll line was some sort of partnership with the OMG Girlz, which broke up in 2015 but reformed for a show at the Apollo on New Year's Eve in 2017.
Attorney John Keville, who represented the couple, who were born Clifford Joseph Harris Jr. and Tameka Cottle, noted in his argument to jurors for punitive damages how MGA argued that the girl group "made only $6,000" to show "they're small in their eyes... and weak, and could be taken advantage of and they did."
Keville implored jurors "send them a message," and suggested punitive damages ranging from $17.8 million to $36 million to $72 million.
"We trust in your judgment," he added.
Attorney Paul Loh, who represented MGA, declined comment after the verdict.
In his closing argument on punitive damages, Loh told jurors that the company had sold 45 million dolls from the line but "never heard any complaints from customers or problems about confusion."
In 2020, the Harris family sent MGA a letter about the trademark infringement, prompting MGA to sue for declaratory relief because at the time the company thought the claims of similarities between the girl group and the dolls were "unfounded."
He added, "We do not believe evidence was presented that the OMG Girlz were harmed in any way" by the doll line.
Since the jury had found the company must turn over all of the profits from the seven dolls that should be enough punishment, Loh argued.
"They're receiving 100% of the profits. We believe that's already substantial," Loh said. "A message has been sent."
Keville responded that there was evidence from some customers who reported they believed the OMG Girlz were in a "partnership" with MGA on the doll line. One witness said her complaints were routinely taken down on MGA's Facebook page, Keville said.
The Harris family had considered its own doll line but couldn't pursue it, Keville argued.
Tameka Harris said her husband was on a plane when the verdicts came down, but that she texted him about it.
Harris said she had a better feeling about their prospects in the legal rematch.
"We felt pretty good about this jury," Harris said. "We felt good about everyone. They were listening."
Keville persuaded the Harris family to narrow its claim from 25 dolls to seven in its legal strategy. She praised her lawyers as "amazing."
"I was fighting him a little, but I'm like you're the professional," Harris said.
Said Kerville: "They had the courage to stand up to a corporate bully."
In last year's trial there were 71 dolls called into question.
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