Intellectual Property Partner Andrea Fuelleman was quoted in the World IP Review article “‘A Stunning Warning for Corporates’: How the Spaniels Effect Cost MGA $71m.” It discusses how MGA Entertainment has been ordered to pay $71 million after a jury found that it infringed the trade dress of the OMG Girlz in its LOL Surprise! dolls, noting a significant shift in legal protections under the First Amendment. The article also notes that this case highlights the narrowing of First Amendment defenses in trademark infringement cases and advises companies to exercise caution when developing products that may resemble trademarked items.
Click here to read the full article (subscription may be required).