971 F.2d 302 (9th Cir. 1992)
New Kids on the Block v. News America Publishing, Inc.
Does the use of a trademark or a celebrity name in a commercial setting, such as a poll, constitute a violation of the right of publicity or trademark infringement under the nominative fair use doctrine?
Under the nominative fair use doctrine, the use of a trademark does not infringe if it is necessary to identify the trademarked product or service, there is no suggestion of sponsorship or endorsement by the trademark holder, and only so much of the mark is used as is necessary to identify the product or service.
The Court held that News America Publishing's use of the New Kids on the Block’s name was nominative fair use and did not violate the right of publicity or trademark law.
This case is significant for students of entertainment law and intellectual property as it reinforces the balance between the commercial rights of individuals and entities to their likeness, against the rights of free expression and commerce protected by the First Amendment. The decision emphasizes the application of the nominative fair use doctrine within commercial expression, particularly in media and retail environments, and delineates the limits of celebrity control over their public personas.