Update: Judge May Alter Bratz Stay

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Editor’s Note:

This story has been altered from the original to reflect updated information from the court proceeding.


The judge who barred MGA Entertainment Inc from selling or manufacturing its Bratz doll line said Tuesday he is open to modifying his order to allow the toys to be sold through the end of 2009 retail season.

If U.S. District Judge Stephen Larson rules in MGA’s favor, that could give retailers assurance they would be able to order the trendy fashion dolls next year as MGA prepares to appeal the ban, said Tom Nolan, an attorney for Van Nuys-based MGA. It also would prevent the layoff of as many as 1,500 MGA employees involved with the product line.

In the order issued late Tuesday, Larson told MGA to submit by Friday language concerning altering terms of the stay, which he would rule on at a hearing on Monday.

El Segundo-based Mattel Inc. earlier this month won a permanent injunction banning MGA from making and selling Bratz dolls, which were found to infringe on Mattel’s copyrights. Larson ordered MGA to turn over all Bratz materials to Mattel, but said at the time he would delay enforcing his order until a Feb. 11 post-trial hearing.

MGA argued Tuesday that since many retailers make ordering decisions for the spring and fall seasons in January, uncertainty over who would provide the toys — or whether they would be available at all — would irreparably harm the franchise.

A delay in enforcing the ban would be a partial victory for MGA, which originally asked Larson to postpone enforcement until MGA could appeal his injunction to the Ninth U.S. Circuit Court of Appeals. Larson indicated that granting a delay of that length would be premature.

A spokesperson from Mattel, whose corporate offices are closed for the holidays, could not immediately be reached for comment.

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