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.

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