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MATTEL, INC. v. MCA RECORDS, INC.

Nos. 98-56453, 98-56577.

296 F.3d 894 (2002)

MATTEL, INC., a Delaware corporation, Plaintiff-counter-defendant-Appellant, v. MCA RECORDS, INC., a California corporation, Defendant-counter-claimant-Appellee, and Universal Music International Ltd., a British company; Universal Music A/S, a Danish business entity; MCA Music Scandinavia AB, a Swedish business entity; Universal Music & Video Distribution, Inc., a New York corporation; DOES 1 through 20, Defendants-Appellees. Mattel, Inc., a Delaware corporation, Plaintiff-counter-defendant-Appellee, v. Universal Music International Ltd., a British company; Universal Music A/S, a Danish business entity; MCA Music Scandinavia AB, a Swedish business entity; Universal Music & Video Distribution, Inc., a New York corporation; DOES 1 through 20, Defendants-Appellants, and MCA Records, Inc., a California corporation, Defendant-counter-claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 24, 2002.

Attorney(s) appearing for the Case

Adrian Mary Pruetz, Quinn Emanuel Urquhart Oliver & Hedges, LLP, Los Angeles, CA, argued for the plaintiff-appellant.

Russell J. Frackman, George M. Borkowski, Jeffrey D. Goldman, Brent Rabowsky, Mitchell Silberberg & Knupp LLP, Los Angeles, CA, argued for the defendants-appellees.

Before D.W. NELSON, BRUNETTI and KOZINSKI, Circuit Judges.

OPINION

KOZINSKI, Circuit Judge:

If this were a sci-fi melodrama, it might be called Speech-Zilla meets Trademark Kong.

I

Barbie was born in Germany in the 1950s as an adult collector's item. Over the years, Mattel transformed her from a doll that resembled a "German street walker,"1 as she originally appeared, into a glamorous, long-legged blonde. Barbie has been labeled both the ideal American woman and a...

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