New Kids on the Block v. News America Publishing, Inc.
United States Court of Appeals for the Ninth Circuit
971 F.2d 302 (1992)
The musical group New Kids on the Block (plaintiff) held a registered trademark in its name and operated an extensive merchandising business, including a pay-per-call phone line letting fans hear group members for a fee. News America Publishing (defendant) ran newspaper polls asking readers to call in and answer questions about New Kids members, charging callers a fee. New Kids sued for trademark infringement under the Lanham Act, arguing the polls suggested an unauthorized affiliation or endorsement. The district court granted summary judgment for News America, and New Kids appealed.
Whether the unauthorized use of a band's trademarked name, limited to identifying the band in a commercial reader poll, constitutes trademark infringement.