Legal Opinion

New Kids on the Block v. News America Publishing, Inc.

Court of Appeals for the Ninth Circuit

Decided July 24, 1992No. Nos. 90-56219, 90-56258PublishedCited by 51 opinions

1Opinion of the Court

KOZINSKI, Circuit Judge.

The individual plaintiffs perform professionally as The New Kids on the Block, reputedly one of today’s hottest musical acts. This case requires us to weigh their rights in that name against the rights of others to use it in identifying the New Kids as the subjects of public opinion polls.

Background

No longer are entertainers limited to their craft in marketing themselves to the public. This is the age of the multi-media publicity blitzkrieg: Trading on their popularity, many entertainers hawk posters, T-shirts, badges, coffee mugs and the like— handsomely supplementing…

2Cases cited29 opinions

  1. Sony Corp. of America v. Universal City Studios, Inc.Supreme Court of the United States · 1984
  2. Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
  3. San Francisco Arts & Athletics, Inc. v. United States Olympic CommitteeSupreme Court of the United States · 1987
  4. United States v. SteffensSupreme Court of the United States · 1879
  5. In Re SnyderSupreme Court of the United States · 1985

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3Cited by51 opinions

  1. Chambers v. Time Warner, Inc.Court of Appeals for the Second Circuit · 2002
  2. Downing v. Abercrombie & FitchCourt of Appeals for the Ninth Circuit · 2001
  3. Victor Decosta v. Viacom International, Inc.Court of Appeals for the First Circuit · 1992
  4. Interactive Products Corporation v. A2z Mobile Office Solutions, Inc., Brian Lee, Mobile Office Enterprise, and Douglas MayerCourt of Appeals for the Sixth Circuit · 2003
  5. Cairns v. Franklin Mint Co.District Court, C.D. California · 1998

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