What if Universal Studios acquired Mattel in 1998?

On September 11, 1997, Mattel filed suit in the United States District Court for the Central District of California, bringing 11 claims against MCA (Aqua's American record label) and others.Mattel claimed the song violated the Barbie trademark and turned Barbie into a sex object, referring to her as a "Blonde Bimbo."They alleged the song had violated their copyrights and trademarks of Barbie, and that its lyrics had tarnished the reputation of their trademark and impinged on their marketing plan. Mattel also claimed that the cover packaging of the single used Barbie pink, a registered trademark owned by Mattel.MCA contested Mattel's claims and filed a counterclaim for defamation after Mattel had likened MCA to a bank robber.MCA's lawyers also cited the earlier Bild Lilli doll – a German adult novelty toy which served as the basis for the original Barbie dolls – in their defense against Mattel's claims that Aqua sexualized the doll.

MCA moved to dismiss Mattel's complaint for failure to state a claim, which the Central District of California granted. Mattel then appealed to the Ninth Circuit. On appeal, the Ninth Circuit ruled the song was protected as a parody under the trademark doctrine of nominative use and the First Amendment to the United States Constitution, in an opinion penned by Judge Alex Kozinski; in reaching that result the court adopted the *Rogers test* set out by the Second Circuit in *Rogers v. Grimaldi* for use of trademarks in expressive works. The Ninth Circuit also dismissed MCA's defamation counterclaim. Kozinski concluded his ruling by saying, "The parties are advised to chill." Mattel sought *certiorari* to the Supreme Court of the United States, but its petition was denied.

The controversy was used as an example by journalist Naomi Klein in her book *No Logo*, where she stated that the monopolies created by copyrights and trademarks are unfairly and differently enforced, based on the legal budgets of the conflicting parties.

In 2009, as part of a marketing strategy to revive sales, Mattel released a promotional video featuring a version of "Barbie Girl" with modified lyrics. In 2023, the soundtrack of the Mattel-produced film *Barbie* included the song "Barbie World" by rappers Nicki Minaj and Ice Spice, which samples Aqua's single.

In a 2023 interview with *Rolling Stone*, the band recalled how the controversy only served to provide free publicity to both sides of the case despite Mattel's attempts to suppress the song on the grounds of trademark infringement. When asked about Mattel licensing the song to promote the Barbie brand, Aqua's lawyer Russell Frackman saw the irony in Mattel demanding the band to license the rights to use the brand for the song, only for Mattel themselves to license the rights to use the song from MCA. Nystrøm agreed, opining that "that's what they should have done from the start." Mattel has also since spoken positively about the song, stating that "We love the song and seeing the brand celebrated in pop culture."

But in the alternate universe, what if Seagram via Universal Studios acquired Mattel in 1998.

This theory is interconnected to What if DreamWorks Pictures was founded in 1980 as The Geffen Film Company?

## Changes

* The acquisition would've been announced in September 11, 1997 and completed in April 30, 1998.
* Mattel would've become a subsidiary of Seagram via Universal Studios in 1998.
	+ The Cannon Group, Inc. would've sold Masters of the Universe (film) to Seagram via Universal Studios via Mattel in 1998.
	+ Max Steel (film) would've been released and produced by Universal Pictures and Spyglass Entertainment instead of Open Road Films, IM Global and Dolphin Entertainment.
	+ Monster High: The Movie would've been produced by Universal Animation Studios for Peacock and Universal Kids instead of Nickelodeon Productions for Paramount+ and Nickelodeon.
	+ Barbie (film) would've been released by Universal Pictures instead of Warner Bros. Pictures.
* Following the acquisition Comcast via NBCUniversal would've become one of the biggest entertainment companies in the World
* Universal Pictures would've merged Mattel Films and Mattel Television to form Mattel Studios.
* Universal would've get the film rights to the Barbie franchise back.
* Comcast via NBCUniversal would've restore Bob the Builder, Pingu and Thomas and Friends back the way they were.
* Mill Creek Entertainment and N Circle Entertainment would've give up their deal and Universal Pictures would've resume distribute all Mattel film and tv shows on DVD as well reissues the titles released by those two same companies.
* 9 Story Media Group, Mainframe Entertainment, Nelvana and Wildbrain would've sell their distribution/production rights to Mattel's programs to Portfolio Entertainment alongside Universal.
* All Mattel Films and TV shows would've been added to the streaming service Peacock.
* Universal Pictures greenlights and completes the Barney movie, the Marc Forster Thomas and Friends movie and the Wishbone movie.