Thread by @meghanncuniff

T.I., Tiny and Zonnique arrived at the federal courthouse in Santa Ana a few minutes ago for the first day of trial in their case over MGA’s OMG Dolls and Zonnique’s former group the OMG Girlz. Opening statements are underway now. I’ll be sharing updates on this thread.

Bumping loud in U.S. District Judge James Selna’s courtroom: “Gucci This, (Gucci That)” by OMG Girlz.

T.I.’s lawyer introduced the song and video to the jury: “With that, we’re going to give you a taste of Gucci This and Gucci That, and what the OMG Girlz were like” visually.

Next on the federal courtroom playlist: “Where the Boys At?” by OMG Girlz. Jurors also say a video clip of the OMG Girlz backstage, meeting with fans. T.I.’s lawyer Dave Scheper is talking about the group’s undying brand. He said they “remain highly relevant.”

As you can see from the photos, T.I. is wearing a colorful jacket today. As he was walking into the courtroom, MGA lawyer Chase Scolnick was walking out and happened to be wearing a colorful tie with a somewhat similar pattern. T.I. was very complimentary of him. “Nice tie, man.”

For a primer on this trial, which pits T.I. and Tiny against the biggest toymaker in the world and its billionaire CEO, check out my @LAMag article. bit.ly/3CZ4n7N

Here's yesterday's thread, all in one place. They picked the jury yesterday afternoon. Eight people total, with only six needed for a verdict because this is a civil case, not a criminal case. bit.ly/3wdbbLe

I walked into the courtroom this morning just in time to hear MGA lawyer Chase Scolnick taking issue with two big celebrities behind two pieces of defense evidence: @LadyGaga and @Beyonce.

T.I.'s lawyers want to tell the jury about this tweet Lady Gaga sent recognizing the OMG Girlz, and about a note Beyonce sent the girls. MGA lawyers are concerned about authentication. Chase Scolncik said “If Lady Gaga wants to come in and tell us…”

https://twitter.com/ladygaga/status/177803460719292416

But Judge Selna cut him off, saying the foundation can be laid through the testimony of the eyewitness to Lady Gaga's tweet and/or Beyoncé's note. T.I.'s lawyer Dave Scheper discussed Beyoncé in his opening, telling jurors about the OMG Girlz's video 7 ways Beyonce is a Baddie.

"Ladies and gentlemen, the evidence will be that Beyoncé understood that baddie meant really goodie," T.I.'s lawyer Dave Scheper of @WinstonLaw told the jury.

MGA's lawyer Jennifer Keller is giving her opening now. She told the jury that T.I. and Tiny Harris "want tens of millions of dollars from MGA Entertainment for doing absolutely nothing."
Keller called the case "a shakedown" and said it's "about greed."

T.I., Tiny and Zonnique are seated in the front row, behind Keller who is at the lectern facing the jury. T.I. smiled and shook his head when Keller said the OMG Girlz are the ones who copied MGA, not the other way around.
"They were trend followers, not trend setters."

Keller represented MGA in Barbie v. Bratz trial against Mattel. (A friend wrote a paper about that case when he was in law school at University of Washington) She talks about trials in this '12 interview, calling them "living, breathing, organic creatures" bit.ly/3XHrOdG

Katy Perry has officially been dragged into this trial, along with TLC.
Keller has slides showing @katyperry, @OfficialTLC. other artists, comparing them to OMG Girlz and saying the girls copied them.
"It's an abuse of the justice system to sue for styles you took from others."

.@souljaboy is now part of the trial, too. Keller played clips from the OMG Girlz's Pretty Girl Bag, noting for the mostly older and pretty Orange County jury that the song is about "11 year old girls showing off $5,000 handbags" and is based on Soulja Boy's song Pretty Boy Swag.

Zonnique will be the first witness after openings. T.I. and Tiny also will testify. Before the jury was in the courtroom, I got to see a fun clip of T.I.'s video deposition because his lawyers were trying to get Judge Selna to tell MGA's lawyers they can't use it.

In the video, a confident and relaxed T.I. is asked if the OMG Girlz have released music since 2015.
"I don't know," the rapper answered in what sounded like the organic beginnings of a new jam. Asked when they last recorded new music, T.I. again rapped, "I. Don’t. Know."

T.I. told MGA lawyers, "All the questions you be asking me, I don't know. I don't know. It don't matter. Because y'all are wrong. Cut us in or cut us out. Now."

He continued with more "I don't know" mini raps as the lawyer asked how old the girls were when they joined OMG Girlz.

T.I.'s lawyers told Judge Selna the clip is from six hours into the deposition, and showing it to the jury would be unfair. But Selna said depositions can be used for any purpose, so he's allowing everything except "the middle part...where he rants a little bit."

Jurors just saw that clip of T.I. Keller introduced it as an example of how T.I. and Tiny "don't necessarily take this case all that seriously" even though they're seeking tens of millions. Keller told the jury that T.I. is "mocking our attorney and really laughing at all of us."

Legally, this trial is similar to the trial I covered with Cardi B at this same courthouse, in that it's a likeness misappropriation case. Not a trademark or copyright case - it's a case alleging MGA misappropriated the likeness of OMG Girlz when designing the OMG Dolls.

T.I. commented on Instagram recently that this case "is more principled than it is financially motivated."
That's good, because Judge Selna made some key rulings that really limit the damages @Tip's lawyers are going to be able to pursue in trial.

If you’re on TikTok, find me on there -> meghanncuniff. I’m trying to post more videos on there for this trial. So far so good today.

^^^I got my own TikTok handle wrong. It's meghannmcuniff.
Regarding the trial, Zonnique is still on the stand, answering questions from T.I. and Tiny's lawyer about the OMG Girlz and their style. Jennifer Keller will be cross-examining her for MGA.

Keller started her cross by pretty obviously alluding to the four photos Zonnique posted on Instagram last night. There was a line of questioning about how she promotes herself on social media and wants to protect her brand.

Keller: "You understand that this is a lawsuit in federal court, right? And you're taking these proceedings seriously, aren't you?"
Zonnique: "Yes."
But Keller ran into trouble when she asked if Zonnique wants to show respect on the witness stand by "acting sweet."

T.I. and Tiny's lawyers objected, and Judge Selna sustained, so Keller rephrased without the "acting sweet" part. Then she moved for the jugular, asking Zonnique if she posted four photos last night from court, including a photo in the bathroom "giving an upraised finger."

HOWEVER, T.I.'s lawyers objected, saying Keller didn't disclose the photos. Keller said she's using them to impeach Zonnique's testimony about respect and taking the court seriously, but Judge Selna wasn't buying it as legitimate impeachment and sustained the objection.

That means the eight jurors never got to see @Zonnique's Ronald Reagan Federal Building & Courthouse Instagram photo shoot. They heard about the photos from Keller, but they never saw them, and photos were not entered as evidence.

Update: Keller is still cross-examining Zonnique, going through photos of OMG Girlz and asking her what exactly is the group's signature look. During a break, Judge Selna took issue with fact that photos have been taken inside the courthouse, because that is not allowed.

Keller asks Zonnique about her saying that one of MGA's dolls is modeled after her ex-boyfriend. It has long hair and was packaged with a blue-haired doll she believes is modeled after her. She said she doesn't think many male musicians have long hair.

Keller: "Do you know who Jon Bon Jovi is?"
Zonnique: "No."
Keller: "Do you know who Axel Rose is?"
Zonnique: "No, I don't."
Keller: "Do you know who Steven Tyler is?"
Zonnique: "No."

Zonnique also said she doesn't know who Eddie Vedder is. She recognizes the name Nirvana. She also recognizes the name Billy Ray Cyrus.
Keller: "I realize it's not in the same genre, but you know who Willie Nelson is?"
Zonnique: "I know the name. I don't know what he looks like."

Keller's cross of Zonnique will continue tomorrow at 9 a.m. This afternoon has been all about what is the OMG Girlz's signature look, with many photos displayed for jurors. Jurors are definitely paying attention, but it's impossible to know what they're thinking.

T.I., Tiny and Zonnique leaving the courthouse with their crew, including lawyer David Scheper.

I’m back in court for another day, and I unfortunately missed T.I., Tiny and Zonnique going in. I went in thinking I’d missed them, then turned around and they were going through security behind me. I will have to get a photo of them during the break, especially of TI’s coat.

While I missed T.I. this morning, I was able to get this photo of MGA Entertainment CEO and Los Angeles billionaire Isaac Larian walking by one of the courthouse cats.

I will have a full story later on the trial, but Keller is back cross-examining Zonnique, and she's asked about an album cover with a gun and the n-word on it, asking if she thinks MGA would want to base toys on that sort of image.

One important thing to keep in mind though is that the actual real name of the MGA doll that T.I.'s lawyers are saying was clearly modeled off Zonnique's "Star" persona in OMG Girlz is called Bad Girl. Bad Girl! Not Good Girl. Bad Girl.

Jennifer Keller is occasionally apologizing to Judge Selna as she says the full n-word with a on the end and not er. She also brings up Zonnique's #FTCU song.

"And that stands for 'Fuck The Club Up?'" Keller asks. "Again, I apologize, your honor."

One key thing from Scheper's opening yesterday is that the OMG Girlz had a reunion on NYE 2017, less than two years before MGA released the OMG Dolls in 2019. They say the first line of dolls is clearly based off that reunion performance. I'll explain more in the article.

I just realized that as Keller is questioning Zonnique about individuals dolls she says copy her OMG Girlz look, jurors are passing dolls around the jury box. One woman was intently studying a doll named Roller Chick.

Because it's not just Bad Girl they say copies Zonnique. There's Roller Chick, Ferocious and others.
Keller is pressing Zonnique about whether she thinks she owns OMG, and I'm disappointed I've yet to hear anyone mention that the feds use OMG to describe outlaw motorcycle gangs.

Keller is back questioning Zonnique in "re-cross" after T.I. and Tiny's lawyer questioned her again in "re-direct."

"Are you aware of your stepfather T.I.'s song 'No Mediocre'?" Keller asks.

She was going to ask her about specific lyrics, but Judge Selna sustained an objection because she's only supposed to ask questions that stem from what T.I.'s lawyer asked Zonnique in re-direct, and this is "beyond the scope" as they say.

Keller tried to press Zonnique about T.I.'s "nasty lyrics," but Selna wouldn't allow it, which dashes my hopes of getting to hear Keller drop this from U Don't Know Me: "I give a fuck about the feds' investigation on me. I don't care that they at my shows and they waitin' on me."

One remarkable thing about Zonnique's time on the witness stand is how calm she's remained really the entire time. She's being pressed about all sorts of things, and she's keeping a really even-keeled tone. Answering questions, not being rude. She's just up there dealing with it.

Re: Bad Girl, it's actually spelled Bhad Gurl. When asking Zonnique about the differences between her OMG Girlz outfit and the doll, Keller also mentioned some stuff on the doll that actually doesn't fit "MGA would never emulate unwholesome things" narrative. Such as police tape.

One thing I’m learning is how wrong those song lyrics websites are. I have listened to U Don’t Know Me a few times today and it’s clear T.I. actually says, “I ain’t worried about the feds’ investigation on me. I don’t care that they at my shows and they winking on me.”

https://twitter.com/meghanncuniff/status/1616151765682122752

I started a new thread here:

https://twitter.com/meghanncuniff/status/1616171424934408192