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Happily Ever Over, full length video :)

Happily Ever Over, an epic tale from cmerry on Vimeo.


The holiday video I have been working on for awhile is finally done :) Hope everybody has a great weekend!
Statement from MGA Entertainment Re: Ruling on Mattel's Motion for Injunction

LOS ANGELES, Dec 04, 2008 (BUSINESS WIRE) -- Last night, US District Judge Stephen Larson granted Mattel's request for an injunction to stop MGA Entertainment from selling certain Bratz products. "We believe the jury verdict was clear in denying 99% of Mattel's copyright infringement claim and that issuing such a broad injunction is inconsistent with the limited jury verdict and the law," said Isaac Larian, CEO of MGA. Larian added that "MGA intends to immediately appeal the injunction Mattel was granted."
While the Order does provide that it will be stayed until February 2009 while the Court considers additional legal briefing on post-trial issues, MGA will request that the stay be extended pending resolution of MGA's appeal. "We will seek to stay enforcement of this Order until our appeal is resolved so we can maintain the over 1500 people that MGA employs, and continue to give our consumers a product they desire," Larian stated.
Further, the Order acknowledges that "[t]here is a strong economic interest, especially in these troubled times, in maintaining a profitable enterprise as a going concern," and MGA agrees, citing this as one of the important facts it will raise when it seeks to stay enforcement of the Order until its appeal is resolved.
Notably, Judge Larson previously stated Mattel's request was "quite a leap," and stated that "the measurable value to Bratz, the brand Bratz, to the dolls Bratz, to everything that came of it, is so much a function of what Isaac Larian and his team at MGA put into it." The broad Order is surprising given these foregoing sentiments and MGA looks forward to its opportunity to present its appeal to the U.S. Ninth Circuit Court of Appeals.
SOURCE: MGA Entertainment, Inc.

OT When in San Diego, EAT HERE! :)


Eat! :) Bring joy to worthwhile people
http://www.pierresplace.org/homepage/homepage.html

A classmate of mine is the director of an amazing program for homeless teens in San Diego. It gives them an education, self esteem and job skills, along with an appreciation for music and the arts.

Pierre's Place is a gorgeous cozy place with great food that will help raise money for them and also teach admin skills for running a business. So you know you love to eat great food- go here whenever you are in San Diego.

Make your tummy happy and help fund the future of homeless teens who just want to be a part of the world and live good lives and get a great education.


Pierre's Place
Originally uploaded by happylolday.



Pierre's Place 2
Originally uploaded by happylolday.


OT Fire Maiden


Please come read story I just posted called "Fire Maiden"
click the photo
Fire Maiden
Hello everybody :) Hope you are having a great weekend!
This is the next stage, so cross fingers and toes that this craziness
can stop! grrrrr....
Okay now go back to having a good weekend!
:)
sfb

http://www.latimes.com/business/la-fi-mga20-2008dec20,0,1697910.story
From the Los Angeles Times
MGA appeals ban over the making and selling of Bratz dolls
If the company doesn't get a reprieve by Dec. 31, it will suffer
irreparable harm, the toy maker says in a filing with the Court of
Appeals in San Francisco.
Bloomberg News

December 20, 2008

MGA Entertainment Inc., maker of Bratz dolls, filed an emergency
request Friday with a U.S. appeals court to stay a court order barring
it from making and selling the dolls while it appeals the ruling.

If MGA doesn't get a stay by Dec. 31, the Van Nuys company will suffer
irreparable harm, it said in a redacted filing with the U.S. 9th
Circuit Court of Appeals in San Francisco.

MGA's customers want assurances by the end of the year that the dolls
won't be pulled off the shelves in February, Jerome Falk, a lawyer for
MGA, said.

"Because of the nature of this business, decisions are made way in
advance," Falk said Friday in a phone interview. "Creditors,
manufacturers, everybody who does business with them wants assurances."

U.S. District Judge Stephen Larson in Riverside on Dec. 3 granted
Mattel Inc.'s request to stop MGA from making most Bratz dolls. A jury
earlier found that a Mattel designer came up with the Bratz name and
characters and secretly took the idea to MGA. Larson said his order
wouldn't go into effect until after he had ruled on both sides'
post-trial motions. A hearing on those motions is set for Feb. 11.

MGA also filed a request for a stay pending appeal with the district
court, but Larson isn't likely to rule on it before the end of the
year, the company said in Friday's filing.

Lisa Marie Bongiovanni, a spokeswoman for El Segundo-based Mattel,
didn't return a call to her office after business hours.
This was posted this morning in the news.

****
"But Cooke said once the judge found the original design and concept
of the Bratz dolls infringed on Mattel's copyrights, his only logical
choice was to issue a sweeping order that covers almost all aspects of
the Bratz franchise.

"While it initially seems very broad, it's the natural and only
conclusion the court may have been able to reach," said Cooke, who is
not connected with the case."

***

So why even bother with a jury trial even they didn't think Mattel had a right to
ownership just a (smaller than they wanted) payment and royalty on the
first line and how can this make any sense when the original 4
drawings of Carter's do not belong to Mattel? Even Larson is going
against his own opinion now too.


So let's hope we get a good observant wide awake judge on the appeal.
This whole mess could be totally thrown OUT :)


:)
sfb


************
http://www.labusinessjournal.com/article.asp?aID=73491414.5851254.1717157.539465\
8.8770671.699&aID2=132080

MGA Draws Up Battle Plan After Doll Verdict
By CHARLES PROCTOR - 12/8/2008
Los Angeles Business Journal Staff

Editor's Note: A version of this story appears in the Dec. 8 edition
of the Business Journal.

Thanks to Bratz dolls, Isaac Larian transformed MGA Entertainment Inc.
from a small-time exporter of electronics into one of the largest
private toy manufacturers in the world.

And he said he intends to keep Bratz, even if he has to go all the way
to the U.S. Supreme Court. But experts say the fight is unlikely to
get that far, so his best hope is to win on his upcoming appeal.

After a federal judge last week ordered Van Nuys-based MGA to turn
over the rights to its powerhouse Bratz franchise to rival Mattel Inc.
because of copyright infringement, the toy manufacturer's best – and
perhaps only – shot at survival now rests with the U.S. Ninth Circuit
Court of Appeals.

If the Ninth Circuit does not overturn U.S. District Judge Stephen
Larson's order, Larian, chief executive of MGA, told the Business
Journal he plans to go the Supreme Court.

But it's highly unlikely the highest court would agree to hear a spat
over the right to produce toy dolls, said Neil Netanel, a professor of
copyright law at UCLA.

"Usually the Supreme Court will hear a case when there's a split among
circuit courts or it's a very important issue," Netanel said. "I would
be very surprised if they thought this rose to that level."

Larson's order, which came down Wednesday, would strip MGA of its key
product line, the Bratz dolls known for their hip, urban-influenced
attitude, and turn it over to El Segundo-based Mattel, manufacturer of
the more straight-laced Barbie doll franchise.

The order won't be enforced until after the judge has ruled on
post-trial motions at a hearing scheduled for Feb. 11. And while MGA
appeals the decision, a process that could take at least a year, it
could also ask the Ninth Circuit for a stay pending appeal.

Michelle Cooke, an intellectual property lawyer in the Los Angeles
office of Steptoe & Johnson LLP, said the Ninth Circuit would be more
likely to grant such a request if MGA can provide evidence the loss of
the Bratz line would have a devastating impact on the company. That
would then buy MGA more time to figure out the next move.

"If the appellate court refuses to suspend the injunction and MGA goes
out of business in six month's time and then they win the appeal, well
it's too late," she said.

Billion-dollar dolls

Analysts estimated that the Bratz franchise accounts for at least half
of MGA's business. In 2005, when the craze over the trendy fashion
dolls with almond-shaped eyes, hip clothes and faces adorned with eye
shadow and lip gloss was at its peak, global sales of Bratz dolls and
related products hit close to $2 billion.

That success catapulted Larian and MGA into the upper echelons of the
toy manufacturing world and generated a wealth of spin-offs, including
a feature film.

The possible reversal of fortune might force Larian to sell all or
part of his company, said Jim Silver, an editor at Timetoplaymag.com
and a toy industry analyst.

"This is a crushing blow to MGA, unless Isaac wins the appeal," Silver
said."

Larien dismissed such talk in an e-mail to the Business Journal.
"Being a private company, we don't focus on what analysts speculate,"
he wrote. In a statement issued after the decision, MGA expressed
surprise at the scope of the judge's order, which gives Mattel all
molds, marketing material and items related to Bratz and applies to
all versions of the Bratz franchise.

But Cooke said once the judge found the original design and concept of
the Bratz dolls infringed on Mattel's copyrights, his only logical
choice was to issue a sweeping order that covers almost all aspects of
the Bratz franchise.

"While it initially seems very broad, it's the natural and only
conclusion the court may have been able to reach," said Cooke, who is
not connected with the case.

A federal jury in Riverside earlier this year found that a Mattel
designer came up with the Bratz name and characters while still at the
company and improperly took the idea to MGA. The jury awarded Mattel
$100 million in damages, and Mattel then filed for an injunction
seeking to bar MGA from making any more Bratz dolls.

Wednesday's ruling represents a windfall for Mattel, as Bratz was
taking market share from the Barbie franchise. Mattel could pick up a
product line that can generate at least $100 million in sales
annually, said Chris Byrne, an independent toy consultant.

"There's no reason for Mattel to walk away from Bratz," Byrne said.
********

Join the ongoing discussion of the case on Bratz World
http://www.bratzworld.tv


BW_Xmas

Art by Furjay!

davebwthanks

MGA's Statement on the ruling

Statement from MGA Entertainment Re: Ruling on Mattel's Motion for
Injunction

Last update: 4:23 a.m. EST Dec. 4, 2008

LOS ANGELES, Dec 04, 2008 (BUSINESS WIRE) -- Last night, US District
Judge Stephen Larson granted Mattel's request for an injunction to
stop MGA Entertainment from selling certain Bratz products. "We
believe the jury verdict was clear in denying 99% of Mattel's
copyright infringement claim and that issuing such a broad injunction
is inconsistent with the limited jury verdict and the law," said Isaac
Larian, CEO of MGA. Larian added that "MGA intends to immediately
appeal the injunction Mattel was granted."
While the Order does provide that it will be stayed until February
2009 while the Court considers additional legal briefing on post-trial
issues, MGA will request that the stay be extended pending resolution
of MGA's appeal. "We will seek to stay enforcement of this Order until
our appeal is resolved so we can maintain the over 1500 people that
MGA employs, and continue to give our consumers a product they
desire," Larian stated.
Further, the Order acknowledges that "[t]here is a strong economic
interest, especially in these troubled times, in maintaining a
profitable enterprise as a going concern," and MGA agrees, citing this
as one of the important facts it will raise when it seeks to stay
enforcement of the Order until its appeal is resolved.

Notably, Judge Larson previously stated Mattel's request was "quite a
leap," and stated that "the measurable value to Bratz, the brand
Bratz, to the dolls Bratz, to everything that came of it, is so much a
function of what Isaac Larian and his team at MGA put into it." The
broad Order is surprising given these foregoing sentiments and MGA
looks forward to its opportunity to present its appeal to the U.S.
Ninth Circuit Court of Appeals.


SOURCE: MGA Entertainment, Inc.

You can join the discussion of the case here on Bratz World
http://www.bratzworld.tv
You can join the ongoing discussion about this on Bratz World
http://www.bratzworld.tv

In response to a post questioning whether emotions clouded our judgment on Mattel's actions. Certainly there are "emotions" but the facts no matter what anyone feels are clear to me, this was not a fair trial in any sense.

Why this ruling is wrong IMO

Hey everybody I just got home and I saw a message about the trial and
I just wanted to post why I believe this case is SO wrong and not
legally correct.

Sure Carter did a very bad thing being so casual with who and what he
did once he began the Bratz line but:

The judge/jury did not give Mattel the first four drawings he did- and
that would be when the line was created so what is the point of all of
this legal wrangling?

The judge has made disparaging remarks from the beginning that makes
it clear he did not like MGA, Carter or this case because he dealt
with life and death issues in other cases and this was just property-
he was not unbiased.

The jury had a racist in their midst in the first phase of the trial
and only one person came forward. The judge has written comments
trying to imply the whole jury came forward but they did not until
confronted when the one person came forward. He seemed to think a
majority of a jury being okay with going forward with a juror who said
that Iranian people were dishonest thieves didn't mean the jury was
not good. The one racist was removed but the rest of the jury went
forward to the rest of the case. And remember only one of them had
come forward when the racist made those remarks.

The jury awarded a low amount compared to what Mattel wanted and said
they didn't believe MGA should have to be penalized for later lines
besides the first and even the judge said the value of the dolls was
due to MGA's work on them.

Now he is suddenly taking ALL of the lines and MGA's work away? Just
because he is a judge and an adult doesn't mean he was unbiased in
this case and the jury having a racist with them? With these
conditions does this seem like a fair trial?

The first drawings Carter ever did when he created the line were NOT
among the drawings given to Mattel- and wouldn't that be the moment
they were created?

Whatever work he did later at Mattel- whatever dolls might have been
affected by that later work, sure he messed up and Mattel might get a
royalty from those dolls but now to say the WHOLE LINE is theirs?
There is something seriously messed up about this whole trial and this
is just looking at facts, not emotions.
sfb

Happy Holidays everybody!

Happily Ever Over
Originally uploaded by happylolday.


Click the picture above to go to the Epic Holiday Tale
"Happily Ever Over"
A history of the "truth" behind the fairytales.. :)


Happily Ever Over is an epic tale that explains a lot of what you you never understood about holidays. An economic crisis among the magical creatures leads to crime and adventure, involving the Pied Piper who lives in his extermination van after his wife left him, an investigator who loves a mysterious ghost, and Santa Claus as you’ve never seen him -a time-traveling, whip-cracking descendant of grizzly bears! It’s a long story, but one you’ll never forget. Written and illustrated by C Merry, first published in 2003 as a gift to her friends.
~Neatorama


Thank you Dan and Rockhoppers Daily Grind
Happily Ever Over is an amazing holiday epic. Subtitled "How Santa Saved The World Then Lost It All", the story is billed as a never before recalled history of something no one remembers anymore. I'm a big fan of fairy tales, mythology, and Christmas. This story winds them all together with a sense of whimsy.
Written and illustrated by CMerry during a period of illness, the story has only previously been published in hand-made collages, as gifts for friends. The illustrations are marvelous. Let's be grateful that CMerry has shared this lovely story with us, and look for a book deal, I'm sure.

Rockhoppers Daily Grind

Wear schoolgirls get chance to design for Bratz pack



Gemma Waugh, left, and Laura Reed, both 14, have the chance to design outfits for Bratz dolls.


As mentioned here:
http://bratzworld.livejournal.com/90406.html

22 October 2008
A chance in a lifetime is on offer to two schoolgirls as they battle it out on a reality TV show to become designers for the multimillion-pound Bratz empire.

Sunderland pals, Gemma Waugh and Laura Reed, from the city's Venerable Bede School, ware hoping to win a trip to design a new range of Bratz fashion dolls in Los Angeles, California.

The Wearside teenagers are among the lucky five pairs who will feature in the six-part Bratz Design Academy show on the Nickelodeon channel, starting on Friday.

The programme, which will be hosted by Blue Peter presenter Zoe Salmon, will feature guest judges, including girl band The Saturdays, stars of award-winning musical Hairspray and top fashion designer Ben de Lisi.

In each episode, the judges will set the competitors a new challenge and work with the teams before their design is revealed on the catwalk.
And the pair of fashionable friends who win the final will be awarded the dream trip.

"I was ecstatic when I heard we'd got through to take part in the Bratz Design Academy," said Gemma, 14. "Laura and I worked on the competition entry in our textiles lesson at school.

"Our teacher, was just over the moon for us when we heard we'd got through. I've learnt so much and made heaps of new friends. I'm just so excited to watch it on TV."

Laura, also 14, said: "Gemma and I were so amazed when we heard we'd got through and I was speechless that we'd be competing alongside some of the other best young designers in the country. I'm not bothered if we win or not as the whole experience has just been incredible."

Bratz represents a multimillion-pound franchise for MGA Entertainment.
The 10-inch dolls are characterized by large heads with wide eyes, full lips, very small noses, short torsos, and shoes that can be snapped on and off.

The popularity of the four primary dolls – Cloe, Yasmin, Sasha and Jade – eventually encouraged development of additional friends, spin-offs, feature films, games, music albums, and a successful television series.

Zoe Salmon, said: "The girls in the show are so talented and the prize is a dream-come-true for any budding designer, plus we've got some fantastic guests helping them along their journey. I can't wait to see who wins."

The first episode will be shown on Nickelodeon this Friday at 5.30pm.
http://www.sunderlandecho.com/news/Wear-schoolgirls-get-chance-to.4616652.jp

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