Tabberone's Hall of Shame - MGA Entertainment.

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MGA Entertainment
Hall Of Shame Member

MGA Entertainment wants to fight this battle tooth and nail. We were actually threatened with the Supreme Court, somewhat like a schoolyard taunt. The issue here revolves around an applique! MGA says we can't put it on a hat and then sell it. Yet, MGA allows eBay auctions of hand-crafted items using their Lil Bratz fabrics. That's hardly being consistent.
Here's what happened:

Ebay ended the auction on December 3, 2003.

MGA finally responded on December 4, 2003.

We filed our complaint on December 10, 2003.

MGA responded by submitting nine pages of nothing significant on March 4, 2004. Generally, they denied everything while saying very little.

We promptly filed a Motion For Summary Judgment, or in the Alternative Declaratory Judgment, on March 17, 2004.

Larry McFarland, lead counsel for MGA, had a kitten, He called, threatening all sorts of dire consequences if we did not withdraw the Motion because we had failed to consult with him first. We said no.

On April 5, 2004, MGA filed its Opposition to the Motion For Summary Judgment.

We then filed Plaintiffs Reply to Defendant's Opposition To Summary Judgment on May 4, 2004.

We are now involved in the Discovery Process. On June 18, 2004, we received MGA's First Interrogatories. They wanted EVERYTHING under the sun. MGA is not seeking information. MGA is seeking to intimidate. They can't win so they want to bury us in paperwork.

We submitted our Reply To MGA's Interrogatories on July 21, 2004.
We submitted our Reply To MGA's Documents Request also on July 21, 2004.
After MGA agreed to limit the discovery to hand-crafted items, and limit the documents to the same, we shipped them some paperwork, 4,370 pages worth, on August 4, 2004.
Here we have some pictures of what we shipped. Box #1 contained miscellaneous paperwork. Box #2 contained binders of the various lawsuits in which we have been involved. MGA also got a few samples of hand-crafted items.

Since discovery is an on-going situation, we are obligated to provide MGA with documents as we obtain them. On September 4, 2004, we shipped them some more paperwork, 759 more pages, bringing the total to 5,129 pages worth. Here's a picture of the contents of Box #3
On September 13, 2004, we shipped them even more paperwork, 623 more pages, bringing the total to 5,752 pages worth.
On September 20, 2004, we shipped them more paperwork, 831 more pages, bringing the total to 6,583 pages worth. Here's a picture of the contents of Box #5

On October 14th and 15th, depositions were held in Colorado Springs. A Major joke as far as we are concerned. Our depostion notes and opinions can be seen here. The full deposition of Karen can be found here.
On December 4, as part of our weekly mailings, we mailed them 398 more pages, bringing the total pages sent them in discovery to 12,718. Again, they insisted on all internet postings and other things. All we are doing is complying.

On December 21, 2004, MGA filed a Motion For Summary Judgment. This is a PDF file a requires an Adobe Reader.
On Januray 6, 2005, we filed a Motion To Strike the declaration of David Oakes for a variety of reasons.
Magistrate Judge Patricia Coan is, in our opinion, lacking. She also has a pro se bias. She ruled that education, background, and training has no bearing on a good faith belief and found for MGA. What she is saying is that any jerk, Oakes included, can claim "Gee, I though it was so", with no basis for the "belief", and there is nothing anyone can do about it. She is saying they do not have to justify their claim, just make the claim.
We guesstimate MGA spent well in excess of $100,000 over a one dollar applique to win on a technicality. They never addressed the legal issues of whether or not is was legal to use it. They couldn't fight the case on the issues so they fought to get it tossed on technicalities. Way to go MGA. Your lawyers milked you and boy do you look dumb.

We want to acknowledge the Bear Stearns Investment Group who was on the web site recently while they were researching MGA Entertainment. Bear Stearns Investment Group did a search for "MGA Entertainment" and "lawsuit" and got 774 hits with this page coming up Number 1!

Want more? Read about the law firm that represents MGA Entertainment, Keats, McFarland & Wilson. You will find it informative and possibly amusing.

Rebuttals
In an effort to provide a balanced view, we make the following offer to anyone who feels they have been wrongly accused on this web site.
If you, or your company, have been referenced on these pages, and you would like the chance to post a rebuttal, we will post your rebuttal (provided it is in good taste) so others can read it. The rebuttal must be submitted in a format that can easily be converted into HTML. We reserve the right to alter the rebuttal to make it more readable. However, we will not alter the content (unless there is offensive material to be removed). We also reserve the right to comment on any rebuttal received. Emails protesting the content of this web site may be treated as rebuttals by us at our discretion.
We made this offer a very long time ago and as of July 2007, only AnimieHot.com, in our Hall Of Shame, has chosen to submit a formal rebuttal.