As a seasoned cinema enthusiast with over three decades of industry insights under my belt, I must say that the recent verdict in Herrick Productions v. Mattel has left me both intrigued and slightly amused. The trial, which seemed to have flown under the radar for many, sheds light on a fascinating aspect of Hollywood’s behind-the-scenes dynamics – the constant stream of ideas pitched by writers and producers, with some feeling robbed when similar projects make it to the screen without their participation.
Following a significant court case with substantial implications, a jury has determined that Mattel was not guilty of appropriating a reality TV show idea from producer Norton Herrick. This verdict represents a considerable triumph for Mattel, as they were potentially liable for $46.2 million in compensation.
As a movie critic, I must share my thoughts on a recent legal battle that unfolded over the past 2½ months in Santa Monica. The production company behind the gripping film “Lone Survivor” found itself embroiled in a heated dispute with the creators of the iconic toy line “Barbie.” In a surprising turn, the jury, comprised of 12 individuals, has ruled against the producer (me in this case) in every allegation made.
In 2018, Herrick first filed a lawsuit against Mattel, alleging that the company had stolen his concept for Mattel’s reality competition show “The Toy Box,” which premiered on ABC in 2017 and ran for two seasons. As early as 2014, Herrick presented a similar competition show to Mattel executives, named “Playmakers.” This show featured contestants pitching their toys to child judges and winning cash prizes. Mattel executives reportedly admired Herrick’s idea and hinted at moving forward with it, but instead, they allegedly developed a copycat version without involving Herrick.
Despite the involvement of prestigious legal teams on both sides, the legal dispute between Herrick Productions and Mattel generally went unnoticed by the media, with minimal coverage given to the six-year-long court fight. Mattel was represented by Larry Iser, Patti Millett, and Kristen Spanier from Kinsella Holley Iser Kump Steinsapir, while Herrick had Bryan Freedman and Jesse Kaplan of Freedman + Taitelman, as well as Miles Feldman, Robert Shore, and Josh Williams from Raines Feldman acting on their behalf.
The lawsuit between Herrick Productions and Mattel was an unusual Hollywood instance that proceeded to trial, carrying significant ramifications for the studios. Since they’re constantly inundated with ideas from writers and producers, this trial had substantial impact on those who felt wronged when projects similar to theirs were produced without their involvement.
In June 2014, Herrick, who has worked on projects like “2 Guns” and the stage production of “Waitress: The Musical”, had a face-to-face meeting with Mattel executives. During this meeting, he presented a detailed proposal for a new project called “Playmakers”, which was marked as confidential. According to Herrick’s lawsuit, Mattel expressed interest in the project and suggested that legal teams should draft a contract two months later. The suit further claims that during their discussions, Mattel mentioned the possibility of Herrick self-funding “Playmakers” if necessary. Herrick believed at this point that he had found a partner for his “Playmakers” project.
As a devoted fan, I found myself in a frustrating situation where I was kept waiting, unable to explore other opportunities for my pitch. This unexpected turn of events happened when “The Toy Box” premiered on ABC three years down the line. In the courtroom, Feldman passionately stated that it was implausible and unreasonable for them to claim they’d come up with an idea after hearing everything, asserting, “That’s not how creativity works.” During the trial, Feldman calculated his potential losses at a staggering $46,213,697 based on projected profits.
Mattel’s legal team took a firm stance in court, aiming to prevent any situation similar to the Bratz doll line lawsuit. In 2011, a jury ruled that Mattel had infringed on California start-up MGA Entertainment’s trade secrets and was ordered to pay approximately $90 million. During the trial, Iser stated that Mattel values its reputation deeply. He further explained that Mattel is an iconic American success story; it began in a garage in the San Fernando Valley by a couple and has become synonymous with popular brands like Barbie and Hot Wheels, bringing delight to countless generations of children. Iser asserted that Mattel didn’t achieve its prominent position in the toy industry through theft and deceit but rather by earning it honestly. At the time of reporting, neither Mattel nor Herrick’s representatives were available for comment.
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2024-08-06 17:18