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New Kids v News America, 971 F.2d 302 common law trademark infringement Lanham Act false advertising Lanham Act false designation of origin Lanham Act unfair competition state trade name infringement commercial misappropriation intentional interference with prospective economic advantage First Amendment defense Cause Of Action PLAINTIFF: The New Kids on the Block, reputedly at the time, one of the hottest musical acts. DEFENDANT : News America, two newspapers of national circulation, conducted separate polls of their readers seeking an answer to a pressing question: Which one of the New Kids is the most popular? To vote, readers had to call a 900 number, for which they were charged a fee. The two papers raised the First Amendment as a defense, on the theory that the polls were part and parcel of their "news-gathering activities." The district court granted summary judgment for defendants. New Kids appealed. The Court of Appeals ruled in favor of News America.