Mattel Prevails in Legal Battle Regarding Toy-Based Reality TV Show

Mattel has triumphed in a jury trial against reality TV producer Norton Herrick, who accused the toy giant of stealing his idea for the TV series that eventually became 2017’s The Toy Box. Herrick claimed he had originally pitched a similar concept called “Playmakers,” and that Mattel had shown interest. Instead of producing Playmakers, Mattel proceeded with The Toy Box, which Herrick alleged was a copy of his idea. However, the jury disagreed and dismissed Herrick’s claims of breach of an implied contract, breach of confidence, fraud-misrepresentation, fraud-concealment, and misappropriation of trade secrets.

The civil suit, which took place in Santa Monica, concludes the latest chapter of a lawsuit initiated back in 2018. Herrick asserted that his show idea involved toy inventors pitching their creations to child judges for prize money, a concept strikingly similar to The Toy Box. The significant difference was that Mattel’s show placed the winning toy on the shelves of Toys “R” Us after the competition concluded. Interestingly, the show’s cancellation coincided with the closure of Toys “R” Us.

Herrick maintains that he pitched Playmakers back in 2014, with Mattel initially expressing interest before opting to create The Toy Box without him. According to Variety, which first reported the verdict, it is rare for cases of this nature to go to trial, as most are settled out of court or dropped to avoid jeopardizing future employment opportunities.

Given the frequent pitches to large studios, writers often feel that aspects of their concepts get used in other projects without their permission or involvement. For instance, ABC faced similar accusations when they created Once Upon a Time after hearing a pitch for a show based on DC/Vertigo’s Fables. Additionally, Alan Moore and Fox were sued by an individual who alleged that League of Extraordinary Gentlemen was strikingly similar to something he had pitched to the studio.

Herrick’s legal team argued that it was nearly impossible for Mattel to have heard his pitch and independently develop something so similar. Given that both premises are somewhat analogous to shows like Shark Tank, the jury might have decided that the concept was broad enough to be conceived independently without Herrick’s influence.