Entertainment
Verdict imminent in case of producer suing Mattel for using his idea
For the past ten weeks, a Hollywood producer has been battling a studio in a Santa Monica courtroom over a civil case that has barely made waves in the media.
In January 2018, “Lone Survivor” producer Norton Herrick sued toy giant Mattel over a 2018 contract dispute over production of Mattel’s reality show “The Toy Box,” which aired on ABC for two seasons.
In her original complaint, Herrick claimed she pitched Mattel in June 2014 on a project called “Playmakers,” in which contestants would present their toys to child judges and win cash prizes. Mattel executives loved the idea and said they would move forward, but then sought to produce a replica without her involvement, according to the complaint. The “Barbie” maker eventually produced a similar version of the concept in 2017 with “The Toy Box.”
The case received little media coverage in the six years since, perhaps because it was under conditional seal because it involved trade secrets. Mattel's request for summary judgment was denied, and Herrick Productions v. Mattel became one of the few Hollywood cases to go to trial. Although the case has flown under the radar, it could have industry-wide implications for how studios handle proposals and what to do if they reuse their ideas.
The case will go to a jury on Friday, which will decide whether Herrick actually lost hundreds of millions of dollars when his concept was allegedly stolen.
Herrick, whose credits include the action thriller “2 Guns” with Mark Wahlberg and Denzel Washington and the stage production of “Waitress: The Musical,” is the latest to take on the iconic toymaker. In a 2011 case involving the Bratz doll line, a jury found that Mattel stole trade secrets from a California startup, MGA Entertainment, which was awarded nearly $90 million.
Herrick’s complaint alleged that during his first in-person meeting with Mattel in June 2014, he provided Mattel with a written document, along with a confidentiality notice, that outlined the format in detail. At a meeting in September 2014, Mattel’s team said it wanted “lawyers to finalize a written agreement” and that “Mattel and Herrick again discussed financing, including the possibility of Norton Herrick self-financing ‘Playmakers’ if necessary. Herrick left the meeting believing he had found a partner for ‘Playmakers.’”
Two months later, a Mattel executive allegedly told Herrick that “due to poor finances, Mattel was temporarily suspending the agreement” but “made it clear that Mattel’s level of interest had not diminished.” The complaint goes on to say that at no time did Mattel disclose that it was “pursuing a similar project with another producer or that Mattel had no intention of moving forward with Herrick.”
At the time Mattel's motion for summary judgment was denied, Herrick's attorneys Bryan Freedman and Miles Feldman said they were “pleased that Mattel is finally being forced to go to trial,” while Mattel said, “We are very proud of The Toy Box and continue to be pleased with the positive response the program generates from viewers of all ages. As for this lawsuit, we believe it is completely without merit.”
The case will now be decided by a jury, and the contents of Mattel's toy box could be revealed.
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