LawFuel.com – 25 November 2012 – Skadden Arps –
Skadden secured a victory on behalf of MGA Entertainment before the U.S. Court of Appeals for the Second Circuit in connection with ongoing litigation related to its Bratz dolls. On Nov. 20, 2012, the Second Circuit found that a federal district court properly rejected photographer Bernard Belair’s claims that the dolls infringed a 1999 advertisement he created for Steve Madden.
In November 2011, Judge Shira Scheindlin of the U.S. District Court for the Southern District of New York found for MGA on summary judgment, also handled by Skadden. In a summary order, the Second Circuit panel reached the same conclusion as the district court and affirmed that the images do not convey a substantially similar aesthetic appeal.