July 2010

Employment Agreement Drafting Lessons from the "Barbie versus Bratz" 9th Circuit Decision

On July 22, 2010, the Ninth Circuit Court of Appeals held that Mattel, Inc., maker of the Barbie line of dolls, should not have been granted intellectual property rights ownership over the Bratz line of dolls, estimated to be worth $1 billion. The originator of the Bratz concept, Carter Bryant, presented the ideas for Bratz to MGA Entertainment, Inc., Mattel's competitor, while Bryant was an employee of Mattel (although the work Bryant performed was done after hours and at Bryant's home).

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