The New Kids On The Block v. News America Publishin

971 F.2d 302 (9th Cir. 1992)

Facts

The New Kids On The Block were subject to pressing important polls of national and international importance; Which one of the New Kids is the most popular? USA Today announced its poll with a picture of the New Kids and listed a 900 number for voting. Any profits from the voting would allegedly go to charity. Another paper, the Star did basically the same type of hype, but their 900-line cost 95 cents instead of USA Today's 50 cents. P sued under the common law and unfair competition and the Lanham Act. The district court granted summary judgment to Ds and P appealed.