Judge Upholds $100M Verdict for Mattel
Headline Legal News
A federal judge upheld a $100 million jury verdict Monday for MattelInc. in a lengthy legal battle over rights to the Bratz doll, a rivalto Mattel's Barbie.
U.S. District Judge Stephen Larson also confirmed in his ruling lateMonday that the Bratz doll — marketed by MGA Entertainment Inc. since2001 — is Mattel property. He appointed a temporary federal receiver totake control of the Bratz brand and MGA's assets.
The receiver will decide who produces the doll and under what terms,but the order authorizes the receiver to maximize profits by "sellingBratz-branded dolls and other goods through appropriate channels oftrade and distribution."
Mattel attorneys have said in court that the company is willing andable to produce Bratz dolls once receivership issues are sorted.
MGA President Isaac Larian said his company will appeal the ruling.
Mattel sued MGA in 2004, alleging that Bratz designer Carter Bryantdeveloped the concept for the pouty-lipped doll while working forMattel.
After a four-year legal dispute, a jury last year awardedMattel $10 million for copyright infringement and $90 million forbreach of contract.
After the verdict, Mattel sought to block MGAfrom ever making the Bratz dolls, and Larson ordered the company inDecember to end its sales in early 2009.
MGA argued thatretailers would not order the toys unless the court could guaranteethey would remain in stores through most of this year. MGA got areprieve in January when Larson ruled that the dolls could remain instores for the rest of the year.
He left open the possibility that Mattel or a court-appointed receiver could ultimately market the dolls this year.
A hearing is scheduled for May 18 to discuss whether the receivership should be made permanent.
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Does a car or truck accident count as a work injury?
If an employee is injured in a car crash while on the job, they are eligible to receive workers’ compensation benefits. “On the job” injuries are not limited to accidents and injuries that happen inside the workplace, they may also include injuries suffered away from an employee’s place of work while performing a job-related task, such as making a delivery or traveling to a client meeting.
Regular commutes to and from work don’t usually count. If you get into an accident on your way in on a regular workday, it’s probably not considered a work injury for the purposes of workers’ compensation.
If you drive around as part of your job, an injury on the road or loading/unloading accident is likely a work injury. If you don’t typically drive around for work but are required to drive for the benefit of your employer, that would be a work injury in many cases.
If you are out of town for work, pretty much any driving would count as work related. For traveling employees, any accidents or injuries that happen on a work trip, even while not technically working, can be considered a work injury. The reason is because you wouldn’t be in that town in the first place, had you not been on a work trip.
Workers’ compensation claims for truck drivers, traveling employees and work-related injuries that occur away from the job site can be challenging and complex. At Krol, Bongiorno & Given, we understand that many families depend on the income of an injured worker, and we are proud of our record protecting the injured and disabled. We have handled well over 30,000 claims for injured workers throughout the state of Illinois.