For the past 10 weeks, a Hollywood producer has faced off against a studio in a Santa Monica courtroom over a civil case that has generated little news.
In January 2018, “Lone Survivor” producer Norton Herrick filed a lawsuit against toy giant Mattel over a 2018 contract dispute involving the production of Mattel's reality competition show “The Toy Box,” which ran on ABC for two seasons.
In his initial complaint, Herrick alleged that he brought a project to Mattel in June 2014 called “Playmakers,” which involved contestants pitching their toys to child judges and winning a cash prize. According to the lawsuit, Mattel executives loved the idea and indicated they were only moving forward with it to pursue a replica without his involvement. The “Barbie” producer eventually produced a similar version of the concept in 2017 with “The Toy Box.”
The case received almost no press coverage for the next six years, perhaps because it was under seal because it involved trade secrets. Mattel’s motion for summary judgment was denied, and Herrick Productions v. Mattel became the rare Hollywood case to reach trial. While the case went under the radar, it could have far-reaching implications for the industry on how studios receive pitches and what steps to take if they repurpose their ideas.
On Friday, the case will go to a jury, which will decide whether Herrick actually lost hundreds of millions of dollars when his alleged idea was stolen.
Herrick, whose credits include the action thriller “2 Guns” starring Mark Wahlberg and Denzel Washington and the stage adaptation of “Waitress: The Musical,” is the latest to attack the toymaker. In a 2011 case involving its Bratz line of dolls, 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 presented Mattel with a written proposal, accompanied by a confidentiality notice, detailing the formula. During a September 2014 meeting, Mattel’s team said they wanted “lawyers to complete a written contract” and that “Mattel and Herrick again discussed financing, including the possibility that Norton Herrick could self-fund Playmakers if necessary. Herrick left the meeting believing that there was a Playmakers partner.”
Two months later, a Mattel executive allegedly told Herrick that “Mattel had put the deal on hold due to poor financial conditions,” but “made clear that Mattel’s level of interest had not diminished.” The complaint continued that at no point did Mattel disclose that it was “seeking a similar offer with another product or that Mattel had no plans to move forward with Herrick.”
At the time Mattel's motion for summary judgment was denied, Herrick attorneys Brian Friedman and Miles Feldman said they were “very pleased that Mattel will finally have to go to trial,” while a Mattel attorney said, “We are very proud of 'The Toy Box,' and continue to be gratified by the positive feedback the show generates from viewers of all ages. As for this lawsuit, we believe it is completely without merit.”
Now, the case will be decided by a jury, with the contents of Mattel's toy box potentially leaking to the public.
