REDACTED VERDICT FORM.Pdf
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FILED CLERK U.S. DISTRICT COURT 1 2 APR 2 I 2011 3 C NTRAL DISTRICI OF CALIFORNIA BY "DEPUTY 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 MATTEL INC., Case No: CV 04-09049-DOC (RNBx) 12 Plaintiff, 13 v. VERDICT FORM - REDACTED 14 MGA ENTERTAINMENT INC., ET AL. 15 Defendant. 16 17 18 19 20 21 22 23 24 25 26 27 28 - VERDICT FORM We answer the questions submitted to us as follows: MatteI's Claim for Declaratory Relief 1. Has MatteI proven that it owns the following: Yes No Four Sketches: TX 5-39, TX 5-40, TX 5-41, TX 5-42 V Pitchbook: TX 1, TX 2, TX 5-102, TX 5-103, TX 5-104, TX 5-105, TX 5-106, TX 5-107, TX 302, TX 323 V Notarized Drawings: TX 5-52 (also TX 62-1),5-54 (also TX 62-2),5-55 (als9_ TX 62-3), 5-61 (also TX 62-4),5-62 (also TX 62-5),5-64 (also TX 62-6), 5--67 (also TX 62-7), 5-68 (also TX 62-8), 5-70 (also TX 62-9), TX 62-10 through V 15 Fashion Drawings: TX 1107, TX 1108, TX 1109, TX 1110, TX 5-30, TX 5-51, TX 5-96 ~ Sculptural Head and Body Drawings: TX 5-88, TX 5-89 (also 1129), TX 1327, TX 1328 V Formalwear Drawings: ", TX 5-26, TX 5-27, TX 5-79, TX 5-80, TX 5-81, TX 5-82, TX 5-83, TX 5-84, ~ TX 5-85, TX 5-86, TX 5-87, TX 5-108, TX 10-2 Posterboards: TX 3-1 (also TX 779), TX 3-2, TX 3-3, TX 3-4, TX 3-5 (also ~ TX 791), TX 3-6, TX 3-7, TX 3-8, TX 3-9, TX 3-10, TX 3-11, TX 3-12, TX 3- V 13 Line Drawings & Notes: TX 5-38, TX 5-46, TX 5-53, TX 5-56, TX 5-58, TX 5-59, TX 5-60, TX 5-63, ,. TX 5-66, TX 5-72, TX 5-73, TX 777, TX 5-43, TX 5-35, TX 5-36, TX 5-37, V TX 5-49, TX 5-50, TX 5-65, TX 5-69 ~ Sculpts: TX 1136A; TX 1141 V" 2. Has MatteI proven that it owns the following: Yes No The idea for the name "Bratz" V The concept for a multi-ethnic group of hip, urban, edgy, trendy fashion dolls and accessories that are high school friends with attitude, distinctive names, nick names, fashions, personalities, back stories and mascots, as well as teen age girls fashion dolls and accessories, collectively known as V "Bratz," including designs for large, oversized heads and feet, large eyes, large lips, and small, almost non-existent noses, and small bodies. 1 I, __ ~ _______ ._~ ! .. MatteI's Claim for Copyright Infringement 3. Has Mattei proven that the First Generation Cloe doll (TX 12286), the First Generation Sasha poll (TX 17558), the First Generation Jade Doll (TX 17551), the First Generation Hallidae Doll (TX 17561), the Fonnal Funk Dana Doll (TX 17529), and/or the Ooh La La Cloe Doll (TX 17540) infringed creative works in which MatteI owns a valid copyright? To detennine whether MatteI owns a valid copyright in a particular creative work, refer to your answers to question 1. Yes ---- No ___~_ Proceed to Question 4. 4. Has MatteI proven that the First Production Sculpt (TX 17732) and/or the Second Production Sculpt (TX 17733) infringed creative works in which Mattei owns a copyright? To detennine whether Mattei owns a valid copyright in a particular creative work, refer to your answers to question 1. Yes ----- No_'---~___ Ifyou answered "no" to questions 3 and ~, ~top and proceed to Question 7. Ifyou answered 'yes" to either question 3 or question 4, proceed to complete the Chart in Question 5. 2 .. _,-_., ... _-'_, __ .~ ___ .. ~_._ .. , .1 _" ~ Below is a chart that identifies each allegedly infringing product Identify: (1) the specific creative works that the product infringes (identify the creative works by writing in their corresponding exhibit numbers into column 1) (2) whether MGA Entertainment, Inc. is liable for that product's infringement (in column 2); (3) whether Isaac Larian is liable for that product's infringement (in column 3); (4) whether MGA Entertainment (Hong Kong) Limited is liable for that product's infringement (in column 4); (5) the amount of damages, if any, owed to MatteI by MGA Entertainment, Inc. for that product's infringement (in column 5); (6) the amo of damages, if any, owed to Mattel by MGA pr.rfertainment (Hong Kong) Limited for that product's infringement . column 6); , (7) the amount of dam es, if. any, owed to Mattel b¢aac Larian for that product's infringement (in column 7); (8) The total amount of d ges, if any, owed to }fattel for that product's infringement (in column 8); 1 1: ~ Q ~ Product Larian liable? MGAE Total Damages DamalZes First Generation Cloe doll (TX 121 First Generation Sasha Doll (TX 17558) First Generation Jade Doll (TX 17551) First Generation gaJlj~ \/. Doll (TX /. 17561) 3 I 11. , _.1 -- Formal Funk Dana Doll (TX 17529) Ooh La La ~ CloeDoll le (TX 17540)' First Production Sculpt (TX 17732) Second Production Sculpt (TX 17733), I' . ~ 0 e~~e the fOllo~ing dates, did MatteI discov~ should it have discover~hrough the exercise of reasonable ~~~, diligence, claimed copyright infringement by MGA ~ertainment, Inc., MGA ~ertainment (Hong Kong) Ltd., or Isaac ri)fP Larian? . Complete each box answers 'yes" or "no" in tis question. "'-, . "J- ~e'-, response~ Once you make a choice 'CiQJswer 'yes" to any date, then all later tes as to that defendant m Once you make a choice and a "no " as to any date, then all prior da .her 20, 2003 MGA Entertainment, Inc. MGA Entertainment (HK) Ltd. Isaac Larian 4 [, , -- MatteI's Claim for Trade Secret Misappropriation 7. Has MatteI proven that any of the items listed in the chart in Question 9 are its trade secrets? Yes ~ No __________ Ifno, stop here and go to Question 14. Ifyes, proceed to Question 8. 8. Has MatteI proven that MGA Entertainment, Inc. and/or Isaac Larian misappropriated any of the listed items that qualify as trade secrets in the chart in Question 9? Yes --------- No ~ Ifno, stop here and go to Question 14. Ifyes, proceed to complete the Chart in Question 9. 5 :... I 9. Below is a chart that lists Mattel' s claimed trade secrets. Identify: (1) whether MatteI has proven each entry is a trade secret (answer "YES" or "NO" in column 1). (2) whether MatteI has proven that MGA Entertainment, Inc. misappropriated the claimed trade secret (answer "YES" or "NO" in column 2); (3) whether Mattel has proven that Isaac Larian misappropriated the claimed trade secret (answer "YES" or ''NO'' in column 3); (4) the amount of damages, if any, that MatteI is owed from MGA Entertainment, Inc. for the misappropriation of the claimed trade secret (in column 4); (5) the amount of damages, if any, that Mattel is owed from Isaac Larian for the misappropriation of the claimed trade secret (in column 5); and (6) the total damages, if any, owed to MatteI for the misappropriation of the claimed trade secret (in column 6). 1 2 3 4 5 6 # Description MatteI's DidMGA Did Larian Damages Against. - Damages Total Damages owed to Trade Misappropriate Misapprop MGA against Larian Mattei Secret? ? riate? l. A multi-ethnic group of hip, urban, edgy, trendy teen age girls fashion dolls and accessories, collectively known as /JO NO ",0 NO tV (J "Bratz," including designs for large, JJO oversized heads and feet, large eyes, large lips, and small, almost non- existent noses, and small bodies. The dolls are four high school, multi-ethnic friends with attitude; each have distinctive names, nick names, fashions, personalities, back stories and icons descriptive of the doll's personal mascot. 2. The name "Bratz" used in connection with a multi-ethnic group of hip, urban, flO ,.JO fJo /vo NO NO edgy, trendy teen age girls fashion dolls and accessories, collectively known as 6 1 2 3 4 5 6 # Description Mattei's DidMGA Did Larian Damages Against Damages Total Damages owed to Trade Misappropriate Misapprop MGA against Larian Mattei Secret? ? riate? "Bratz," including designs for large, oversized heads and feet, large eyes, large lips, and small, almost non- <:!. ~~ existing noses, and small bodies. The bo~ ~fO ~ dolls are four high school, multi-ethnic - friends with attitude; each have distinctive names, nick names, fashions, personalities, back stories and icons descriptive of the doll's personal mascot. 3. Sculpt TX 1136A NI) tJtJ tJO -e- -e- ~ 4. Sculpt TX 1141 #JO tJO NO ..e-- -e- 71Jr.O ., b.Jf ~ ., 5. Bratz Hero Shot, TX 302B-00OI NO NO NO -e- e- ......- 6. The following Bratz drawings: TXs 1, 2,3,5-26,5-27,5-79,5-81,5-82,5-83, 5-84, 5-30, 5-52, 62, 5-88, 5-35, 5-36, 5-37,5-38,5-39,5-40,5-41,5-42,5-43, 5-46, 5-49, 5-50, 5-53, 5-54, 5-55, 5-56, 777,5-58,5-59,5-60,5-61,5-62,5-63, 5-64, 5-65, 5-66, 5-67, 5-68, 5-73, 5-72, 5-70,5-69,779,5-107,5-106,5-103,5- 104, 791, 5-108, 5-85, 719, 10-2,5-80, 5-86,5-87,5-89 (also 1129), 10-3,5- 102,5-105, 1107, 1108, 1109, 1110, 1327, 1328,5-96,302,323-4 through 323-35 7.