Ninth Circuit Groaner About Metatags–Art Attacks v. MGA

16 09 2009

By Eric Goldman

Art Attacks Ink LLC v. MGA Entertainment, Inc., CV-04-01035-RMB (9th Cir. Sept. 16, 2009)

What is it about metatags that cause legal folks to believe they have magical search powers? It’s a meme that the legal community just can’t seem to shake. To wit: In a case involving the alleged ripoff of a small-time local artist by “Bratz” manufacturer MGA, the Ninth Circuit had to determine if MGA would have ever learned of the plaintiff’s “Spoiled Brats” art collection. In determining if MGA could have had “access” to the Spoiled Brats design (a prerequisite to copyright infringement), the court says:


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