Jury rules in favor of Mattel in dispute with Hollywood producer

A jury in Los Angeles County on Thursday ruled 9-3 in Mattel Inc.'s favor in a long-running dispute with a Hollywood producer who claimed the toy giant stole his idea for the television show "Toy Box."

Mattel's counsel, Lawrence Y. Iser confirmed on Friday that the company prevailed on all the claims against it. Iser is with Kinsella Holley Iser Kump Steinsapir. The trial was held in Santa Monica Courthouse.

Norton Herrick accused Mattel of breach of contract in 2019. He alleged that the toy giant stole his idea for an unscripted television show and produced it under the title "Toy Box" without his involvement. The show had inventors pitch their toy designs to a panel of child judges. Winners got a cash prize and a contract to produce the toy. Herrick Productions LLC v. Mattel Inc., 19SMCV01209, (L.A. Super. Ct., filed July 3, 2019).

The show debuted in April 2017. He first sued in January 2018 and requested that the lawsuit be dismissed without prejudice about 13 months later.

Herrick's second amended complaint claimed breach of implied contract, breach of confidence, fraud, and trade secret misappropriation.

The filing said that Mattel loved the idea and wanted to discuss a partnership with Herrick's company, Herrick Productions LLC. They discussed Herrick's company getting distribution rights and money from sponsorship, integration, product placement and a percentage of sales of the winning toy.

"[Herrick Productions] was later informed by Mattel that it was not going to move forward with the project at that time because Mattel had a poor financial period but would let [Herrick Productions] know when things changed," the second amended complaint stated.

"Despite the agreement, Mattel promptly moved forward with the project without notifying HP and in breach of the agreement without compensating [Herrick Productions]," it continued.

The case could affect the way companies handle pitches and move forward with those ideas.

Over the course of the 2.5 months trial, Mattel sought to prove that the show was not novel with respect to the breach of confidence claim. The company said it used kids in focus groups for products under development. Also, the company showed jurors other pitches it received for the same idea, five of which were in 2014, the same year that Herrick met with Mattel executives.

"This is a sad day for creators," said Herrick's attorney, Miles J. Feldman. "We've been litigating this case for six years and this case is not over. We will be taking further legal actions very soon." Feldman is with Raines Feldman LLP. Herrick was also represented by Bryan J. Freedman of Freedman + Taitelman LLP.