EL SEGUNDO, California (June 22, 2011) – A Los Angeles Superior Court jury has found in favor of toy manufacturer Mattel, Inc., ruling that Mattel fully complied with the terms of a 2004 license agreement for the distribution of the board game “Outburst.” A KWIKA team that included Larry Iser, Kristen Spanier, Patricia Millett and Chad Fitzgerald represented Mattel. Following a nearly month-long trial, on June 20, 2011, the jury returned a verdict rejecting the claim of plaintiff Hersch & Co. that Mattel had failed to advertise the board game as required by the license agreement. The jury verdict comes on the heels of an earlier ruling by Judge Kevin C. Brazile granting Mattel’s motion for nonsuit, dismissing all of Hersch’s other claims, leaving only the advertising claim for the jury. Mattel distributed “Outburst” from 2004 through 2008.
“This jury verdict, on top of the various rulings by the Court, is a complete vindication for Mattel,” said Jeffery Korchek, vice president of business and legal affairs. “We have maintained from the beginning that not only did Mattel comply with the terms of the license agreement, but that, in fact, the company far exceeded the advertising requirements throughout the term of the agreement.”
Korchek added, “We are pleased that the Court, as well as the jury, recognized that Mattel lived up to all of its contractual obligations with respect to ‘Outburst.'”
The case caption is Hersch & Co. v. Mattel, Inc., Los Angeles Superior Court Case no. BC 399474.
As the worldwide leader in play, the Mattel, Inc. (NASDAQ: MAT – News) (www.mattel.com) family is comprised of such best-selling brands as Barbie®, the most popular fashion doll ever introduced, Hot Wheels®, Matchbox®, American Girl®, Radica® and Tyco R/C®, and a wide array of entertainment-inspired toy lines. In 2011, Mattel was named as one of FORTUNE Magazine’s “100 Best Companies to Work For” for the fourth year in a row, and is ranked among Corporate Responsibility Magazine’s “100 Best Corporate Citizens.” With worldwide headquarters in El Segundo, Calif., Mattel employs approximately 31,000 people in 43 countries and territories and sells products in more than 150 nations.