SANTA ANA, Calif. – The fight over who owns the rights to the popular multibillion-dollar Bratz doll line just got even nastier, with toy giant Mattel Inc. asking the judge for a mistrial over remarks made on the stand by the CEO of its rival company, MGA Entertainment Inc.

Mattel alleged in papers filed late Wednesday that the trial was tainted when MGA’s Isaac Larian testified that Mattel caused the stress that led to his father’s death and destroyed his family, among other things. Mattel is asking U.S. District Judge David O. Carter to declare a mistrial or tell the jury the statements are false.

Carter on Thursday ordered Mattel attorneys to refile the two-page motion with supplemental information. Mattel attorney John Quinn said they would do so Thursday or Friday.

The trial started Jan. 18 and is expected to last until late spring.

Mattel alleges Bratz designer Carter Bryant came up with the idea for the popular, pouty-lipped dolls while working at Mattel and MGA subsequently stole the idea.

MGA debuted the dolls in 2001 to rave reviews.

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Quinn said in his opening statement last month that MGA has sold $3.3 billion in Bratz and related products, with $292 million in profits, while the doll line decreased Mattel’s Barbie profits by $393 million.

In its motion, Mattel also objected to Larian’s testimony that Mattel uses litigation to stifle competition; that Mattel caused Bryant to have a stroke; and that a Mattel attorney made a racist remark earlier in the litigation. Larian is Jewish and came to the U.S. from Iran decades ago.

MGA spokesman Allan Parachini said Larian became emotional on the stand because of the stress of the litigation.

“He clearly associated (his father’s) death with the litigation, and it’s been an extremely traumatic and emotional experience for him and his family,” Parachini said.

As for Bryant, he said, the doll designer had a medical crisis at the airport while returning home after testifying earlier in the trial. Bryant was taken to the hospital by ambulance, although Parachini did not know the diagnosis.

The judge said Thursday during a hearing outside the jury’s presence that Bryant would be recalled to the witness stand.

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The trial marks the second time the copyright infringement lawsuit involving Bratz has been litigated in federal court. Billions of dollars in future revenue – and possibly the fate of MGA – are on the line.

Two years ago, a federal jury awarded Mattel $100 million and found that Bryant had developed the concept for the dolls while working for Mattel. An appeals court later overturned the verdict, and the case was sent back for a retrial.

This time, jurors are also being asked to determine the scope of the invention agreement signed by Bryant at Mattel before he went to work for MGA. They also must decide on MGA’s counterclaims that Mattel engaged in unfair business practices.

In those counter-allegations, MGA accuses Mattel of sending gumshoes using fake IDs to spy on MGA at trade shows and threatening retailers and distributors who did business with MGA.

 

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