A federal judge has slashed the $71 million jury award previously granted to rapper T.I. and singer Tameka “Tiny” Harris in their lawsuit against toy maker MGA Entertainment, ruling that the $53.6 million in punitive damages lacked sufficient evidence. The couple had sued MGA, claiming its L.O.L. Surprise! O.M.G. dolls infringed on the likeness and trade dress of their girl group, OMG Girlz.
In a ruling issued July 8, U.S. District Judge James V. Selna upheld the $17.9 million in actual damages but determined that the “maximum punitive damages award sustainable by the proof is $1.” Selna wrote, “There was no reliable evidence that MGA had any knowledge of the group’s trade dress or desire to use their likeness to create the infringing dolls.” The court found that although MGA may have copied other celebrities, there was no clear and convincing evidence the same applied to the OMG Girlz.
Now, T.I. and Tiny must decide whether to accept the $17.9 million plus $1 or pursue a new trial focused solely on punitive damages. The judge gave them two weeks to respond.
T.I. and Tiny Say $1 Offer Undermines Fight for Creatives
The couple strongly rejected the $1 remittitur and signaled plans to move forward. “A jury heard weeks of testimony, saw the willful and malicious conduct of MGA, and awarded $71 million,” they said in a statement. “Obviously, we are disappointed that the district court is requiring a new trial on the punitive damages. We are considering options as to next steps.”
“When we took on MGA Entertainment, we stood up for the OMG Girlz but also for something bigger,” they continued. “We stood up for every creative who wants to protect their vision and brand from unfair use without recognition and compensation.”
Their attorney, John Keville, said the $1 figure was unacceptable. “We expect another jury will be similarly offended by MGA’s maliciousness and copying,” he said.
Though MGA’s lawyers have remained silent following the ruling, court documents show the company had argued the punitive damages were excessive and that there was no willful misconduct. The jury in the third trial had found that 15 of MGA’s dolls infringed on the OMG Girlz’s image and identity, awarding a total of $71 million—now largely erased by the judge’s latest decision.
