Gunther-Wahl Productions, Inc. v. Mattel, Inc.

Appellants Gunther-Wahl Productions, Inc. (GuntherWahl) and Candy Wahl appeal from a judgment for respondent Mattel, Inc. (Mattel), a toy manufacturer. Appellants sued Mattel for breach of an implied-in-fact contract for allegedly using appellants’ ideas for an animated television series and related toy lines, presented to Mattel in July 1993, without paying for those ideas. The presentation was one regarding “Flutter Faeries;” thereafter, various Mattel dolls, including Barbie and the Polly Pocket line, appeared with characteristics plaintiffs claim were similar to the Flutter Faeries concept, thus destroying plaintiffs’ opportunity to market the concept or a cartoon series based on it. The jury returned a defense verdict finding no implied-in-fact contract was formed.

Appellants contest a jury instruction and the refusal to allow certain of their rebuttal evidence. Finding prejudicial instructional error, we shall reverse the judgment.

Procedural History and Statement of Facts

Presentation of the Flutter Faeries concept

Michael Wahl, a successful animation executive and former practicing lawyer, had presented possible properties to Mattel in the early 1990’s. In…