I was just commenting on this subject this week. Well, two related subjects actually. One, that the Ninth Circuit Court of Appeals is, well, on its own circuit, and two, on the Mattel vs. MGA litigation (aka- Barbie vs. Bratz) and the need for clear work-for-hire agreements.

Lo and behold, today, in a stunning reversal worthy of a Boston Legal episode, today, a three-judge panel from the U.S. Court of Appeals for the Ninth Circuit quashed an injunction that had prevented MGA from selling the dolls and said a new trial is likely because of flawed jury instructions at the original district court proceeding. The opinion, written by chief circuit Judge Alex Kozinski, asserts that because of errors in jury instructions, the entire case will need be retried. You can read more on this story and download the opinion at The American Law Daily. This is stunning. You can read the background as well as related drama here. According to the blog, Las Vegas Trademark Attorney, “for copyright fans, the decision also includes an interesting discussion regarding the fine line between copyrightable expression and unprotectable ideas.” Will the madness ever end?

I was just talking about this case last night, and lo’ and behold we come to find out it’s not over yet. Remember the legal battle between Mattel and MGA over those sexy looking Bratz dolls? Mattel won a huge million-dollar award plus an injunction keeping MGA from making the Bratz. The argument there focused on whether the designer, Carter Bryan, had designed the dolls while still under contract with Mattel. Well, now there’s another artist claiming he created the Bratz.

Bernard Belair, an artist and a photographer from Brooklyn, claims that he is the creator and copyright owner of the images used in those Steve Maddden ads. Belair’s lawyers allege that Carter Bryan’s sketches for the Bratz dolls were based on Belair’s images. It seems Bryan is suing both MGA and Mattel.

Copyright lawsuits are something we’re going to see explode exponentially. As artists realize that their artistic (material) productions also carry intellectual property rights, they will become more protective of their artistic creations, and thus more litigious.

More on the Bratz from the AmLaw Litigation Daily.