HP-2020-000016 - [2025] EWHC 1451 (Ch)
Chancery Division of the High Court

HP-2020-000016 - [2025] EWHC 1451 (Ch)

Fecha: 16-Jun-2025

Section 14

76.

The removal of the first two layers of wrapping reveals paper “teasers” to the contents of the sphere. As further layers are removed, recesses in the sphere reveal miniature toy accessories (themselves in wrapped packages), such as a baby bottle, shoes and clothes. The final layer is the plastic sphere itself which opens revealing the doll. The container can be arranged to stand open as a presentation platform for the doll, and an arched handle is attached to the container, allowing the container and doll within to be carried like a handbag. An example of the container and doll, fully assembled, is shown below.

77.

LOL Surprise was an immediate and phenomenal success, selling out in weeks following its US launch. By January 2017 it was the top selling doll in the US. The industry experts agreed that toys that perform successfully in the US generally go on to repeat that success in the UK market. That was the case for LOL Surprise, which launched in the UK in February 2017. It is common ground that in the UK market, as in the US, the product was an outstanding commercial success. By May 2017 it was the second best-selling toy in the UK across all toy categories (the best-selling toy at the time being one of the Lego minifigures series). Mr Larian described it as a “once in a lifetime product” and a “billion dollar, lightning-in-a-bottle success stor[y]”. Mr Laughton said that “as far as I am aware, no MGA toy (or indeed any toy) has sold as quickly in such a short period of time”. Mr Hunter commented, similarly, that “I have dealt with collectibles for my entire career, and nothing has ever struck a chord with girls like that did”. Stuart Grant said that at that time “LOL was the number one brand in the industry”.

78.

Following the success of LOL Surprise, MGA expanded the range to include other LOL toys, releasing LOL Lil Sisters in August 2017 and a Big Surprise Ball in October 2017. These were also hugely successful toys, and by the end of the year all three toys were ranked within the top ten toys in the UK across all toy categories, with the original LOL Surprise as the best-selling toy. In the course of 2018, further products were added including Pets and Confetti Pop. Numerous further products have been added to the range since then, to maintain consumer interest in the brand.