Intellectual Property
971 F.2d 302 (9th Cir. 1992)
Study notes for New Kids on the Block v. News America Publishing, Inc.: professor notes, cold call prep, exam angles, and memory aids.
The use of a trademark in a commercial context can constitute nominative fair use and not violate trademark or publicity rights if it is necessary to identify the trademarked entity and does not mislead consumers.
This case is pivotal in understanding the limits of trademark law as it applies to the use of celebrity names in commercial contexts. The Ninth Circuit characterized the use of 'New Kids on the Block' in the reader poll as nominative fair use, allowing the use of a trademark when it is necessary to identify the trademarked products or services. Furthermore, the court assessed that the consumers were not likely to be misled by the poll’s commercial nature, affirming that the public interest in the band's identity and popularity justified the magazine's use of their name. This case highlights the delicate balancing act between an individual’s right of publicity and the public’s right to use names that are essential for communication and discourse. Hence, it supports the principle that not all commercial uses of a celebrity's name necessarily infringe upon their rights.
N.K.O.T.B. - Nominative Knowledge on Trademarks and Band recognition.
| Case | Distinction |
|---|---|
| Hoffman v. Capital Cities/ABC, Inc. | Hoffman involved unauthorized advertising use of a celebrity's likeness, whereas New Kids on the Block focused on nominative fair use in a poll. |
| Gordon v. JBL Enterprises, Inc. | Gordon dealt with outright commercial exploitation that misled consumers, while this case affirmed the right to publicly refer to a well-known band without confusion. |
Permitting nominative fair use fosters free expression and information dissemination, especially in the context of entertainment and fan engagement.
Allowing such use could lead to commodification of celebrity names, diminishing their control over personal identity and brand integrity.
Expect questions related to the concepts of nominative fair use and applications of the right of publicity, especially regarding how the commercial use of trademarks can evade infringement based on context.