“This jury verdict, on top of the various rulings by the Court, is a complete vindication for Mattel,” said Jeffrey Korchek, vice president for business and legal affairs. “We have maintained from the beginning that not only did Mattel comply with the terms of the licensing agreement, but that, in fact, the company far exceeded the advertising requirements throughout the term of the agreement.”
Hersch & Co., founded by game developer Mitchell Hersch, sued Mattel for breaching a licensing contract that the parties signed in 2004. Mattel was to spend $2 million in advertising Outburst from 2006 through 2008, according to court documents. Hersch maintained that Mattel had failed to pay the $2 million “out of pocket” to advertise the game.
