Mattel, Inc. v. MGA ENTERTAINMENT, INC.
Opinion
Opinion
Carter, J.
AMENDED ORDER ON MGA’S MOTION FOR SUMMARY JUDGMENT; MATTEL’S MOTION FOR PARTIAL SUMMARY JUDGMENT; MACHADO’S MOTION FOR SUMMARY JUDGMENT; MATTEL’S MOTION FOR PARTIAL SUMMARY JUDGMENT ON MGA’S COUNTERCLAIMS-IN-REPLY
Before the Court are the following Motions:
Background
On April 27, 2004, Mattel filed a state court complaint against former employee Carter Bryant (“Bryant”) alleging that Bryant breached his contractual and common law duties to Mattel by failing to disclose his concept sketches and sculpts of the Bratz dolls prior to leaving Mattel for MGA Entertainment, Inc. (“MGAE”) on or about October 4, 2000. Bryant filed a counter-claim against Mattel in state court and filed a separate action for declaratory relief in federal court on November 2, 2004, on which date Bryant also removed Mattel’s state court lawsuit to federal court. MGAE intervened in Mattel’s suit against Bryant on December 7, 2004 and, four months later, filed a stand-alone complaint in federal court against Mattel for trade dress infringement, dilution, unfair competition, and unjust enrichment, alleging that Mattel infringed MGAE’s distinctive packaging and interfered with MGAE’s business relationships. On…