Pop band OMG Girlz have very recently successfully appealed a Judgment in California concerning the use of their brand and image by MGA Entertainment concerning their popular LOL Surprise! OMG Doll toys.
OMG Girlz argued that 7 of MGA’s popular LOL Surprise! Dolls copied their distinctive brand, name and image. It is understood that this claim was brought by OMG Girlz on the basis of infringement of their copyright by MGA. This claim was heard by a jury, which is distinct to trials of intellectual property matters in the UK, which are not tried by jurors. The jury found in this instance and on appeal, that MGA had copied OMG Girlz likeness, and MGA has been ordered to pay £71,000,000.00 in damages.
Copyright law within the UK exists to protect specific, identifiable works characterised as (for example) literary, dramatic, musical or artistic works. Had this claim been within the jurisdiction of the Courts of England and Wales, the law in question is likely to have been heavily focussed instead in the realm of unregistered trade marks. OMG Girlz would have had to argue (among other matters) that MGA Entertainment was passing themselves off as OMG Girlz by use of their likeness, brand and image. There is no recognised ‘image right’ law in England as such, and so the claim would have looked very different, had this been brought in the UK.
This claim highlights the distinctions between UK and USA intellectual property law. It is difficult for copyright to protect a person’s image rights directly in the UK; this would instead be appropriate to protect certain photographs or illustrations for example. Any individual in the UK looking to protect their image rights would predominantly be concerned instead with passing off and trade mark rights (if applicable). It is ever important that any individual or entity looking to protect their brand, image and reputation, seek appropriate independent legal advice to consider the best recourse, and likely prospects of any claim within the UK. As OMG Girlz have proven, image rights are a potentially valuable commodity.
Intellectual Property is a complex and ever evolving area of law. It is yet to be seen how and if the law in the UK will adapt to encompass any defined ‘Image Rights’ in the future. If you require advice on your ideas, works, designs or inventions and how best to protect your valuable, creative endeavours, please do not hesitate to contact our IP expert, Gabriella Shepherd on 0330 058 5222.
