Zuru and MGA 5 Surprise litigation dismissed

Published on: 18th May 2021

As the litigation Involving Zuru’s 5 Surprise line has been dismissed, Zuru is permitted to continue selling the collection.

It has been reported that Zuru and MGA Entertainment have reached an agreement to end litigation involving Zuru’s 5 Surprise toy line and MGA’s L.O.L. Surprise! products.

Zuru has received notice from the court that it had dismissed MGA’s lawsuit filed in 2019 against Zuru in California state court. The lawsuit alleged infringement of MGA’s L.O.L. Surprise! range; MGA alleged that the Zuru product and related packaging infringed MGA’s purported intellectual property rights in L.O.L. Surprise! In that proceeding, MGA sought a preliminary injunction against Zuru, a request which the California court ultimately denied, allowing Zuru to continue selling its 5 Surprise products.

Last year, a California Superior Court judge issued a temporary restraining order directing retailers across the state to discontinue the sale of the products as it considered an anti-competitive motion from MGA Entertainment. After considering extensive testimony and briefings, the court found that MGA failed to demonstrate a likelihood of success on the merits of its case. As a result, the judge dissolved the temporary restraining order.

The court has stated that, going forward, no licence or permission from MGA will be required for Zuru to sell its 5 Surprise products. The decision added that there will be no restrictions imposed on the company’s right to sell its complete 5 Surprise range, which includes Unicorn, Mini Brands, Dino, and Toy Mini Brands.

The collection combines unboxing and collectible toys. Each capsule features five sealed segments hiding five toys. The range offers kids endless unboxing possibilities, and the Mini Brands iteration has also become a viral sensation with many millions of views on TikTok since the launch in 2019.

In a previous statement, Zuru COO, Anna Mowbray, commented: “Zuru’s fresh and novel approach has made us one of the fastest-growing toymakers in the world. We are passionate about innovation and making high quality toys and play experiences. Our commitment is to innovation, for children and the market.”


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