New Kids on the Block v. News America Publishing, 971 F.2d 302 (9th Cir. 1992)

[click here for text of the full opinion]

The New Kids on the Block were an extremely popular band in the late 1980s and early 1990s.  The band members had a trademark on the name "New Kids on the Block," and used it to sell a variety of products which allowed them to capitalize on their popularity.  The defendants, USA Today and the Star, both published opinion polls asking "Which New Kid is the sexiest?"  The band sued for trademark infringement, claiming that the newspapers had engaged in unauthorized use of their trademark for profit.  However, the court found that the newspapers' use of the mark was descriptive -- they did not appropriate the term "New Kids on the Block" as their own, nor did they imply through its use that the band was in any way associated with their opinion polls.  The newspapers had no practical way of discussing the band or its popularity without referring to it by its trademarked name.  Thus, since the use was only nominal and did not mislead readers into believing that the New Kids on the Block endorsed the newspapers in any way, it constituted "fair use" of the band's trademark.