Rapper T.I. and his wife are suing toymaker MGA Entertainment over its popular OMG LOL Surprise dolls.
The success of any First Amendment claim will turn on whether MGA can show that the doll designers have added enough significant creative wrinkles that it transforms the work into something distinguishable from any inspiration.
The company said the toy maker's designers have"testified and submitted declarations that the dolls were not based on the OMG Girlz or pictures of the OMG Girlz.'' "Tameka Harris has since recanted this story, admitting in deposition she 'cannot say' it ever happened,'' MGA argues in court papers.
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