MGA Sues QVC and Brookstone For Copyright Infringement of its Land Sea RC® Toy

Los Angeles, CA – A copyright infringement lawsuit was filed by MGA Entertainment against QVC, Brookstone, and Rooftop Group USA. MGA claims that it created the Land Sea RC® amphibious vehicle that kids can remotely control. MGA is the owner of two copyright registrations covering the toy designs. MGA alleges that Rooftop “arranged for the manufacture and sale of a product entitled RC Land-and-Sea Mobile” that are sold through retailers such as QVC and Brookstone.

In addition to the copyright infringement claims, MGA asserts unfair competition claims under both Cal. Bus. & Prof. Code § 17200 and California common law. The state causes of action, however, seem to be preempted as they arise from the same operative facts as the copyright claim. Dastar Corp. v. Twentieth Century Fox Film Corp., 539 US 23 (2003); Fractional Villas, Inc. v. Tahoe Clubhouse, 2009 U.S. Dist. Lexis 39522 (S.D. Cal. 2009)(dismissing § 17200 claim because it was preempted by the Copyright Act). The case is MGA Entertainment, Inc. v. Brookstone, Inc., et al., CV10-2463 GW (C.D. Cal. 2010).