The injunction's requirement that MGA also turn over its portfolio of Bratz related trademarks to Mattel was stayed as well. Mattel obtained an injunction against MGA after a jury found that a former Mattel employee, Carter Bryant, came up with the Bratz doll idea while under Mattel's employ, that Mattel owned the copyrights in the Bratz doll designs, and that MGA, who hired Carter Bryant after he left Mattel, infringed Mattel's copyrights. MGA's appellate brief submitted to the Ninth Circuit asserted, among other arguments, that the district court erred in concluding that Mattel owned every idea of its employees and that even if Mattel did own these ideas, the Bratz dolls did not infringe any copyright owned by Mattel. On the question of copyright ownership, MGA takes the position that Bryant was a low level employee, that the Bratz doll idea was unrelated to his employment at Mattel i. MGA further argued that certain terms of Bryant's employment agreement, which assigned to Mattel any inventions created or conceived during employment, were unconscionable and therefore unenforceable. On the issue of copyright infringement, MGA argued that the applicable standard for determining copyright infringement on the dolls at issue was virtual identicality as opposed to the substantial similarity standard applied by the district court because of the nature of the works at issue - dolls with facial and anatomical features.
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