Hey Mickey!

A press release doesn’t always amount to trademark use. In the 1980s, Toni Basil had a one hit wonder “Mickey” that included the lyrics, “You’re so fine you blow my mind, Hey Mickey”. She sold the copyright to the recording of the song. When Disney Co., Kohl’s and Forever 21 started using the song in their advertising, they issued press releases and mentioned Toni’s name in connection with the song. Toni sued for various types of Intellectual Property infringement including trademark infringement based on the press releases. Toni argued that the use of her name violated trademark law based on false designation of origin. The judge disagreed and dismissed the trademark claim holding that the use of her name in the press releases as nominative fair use.

WHY YOU SHOULD KNOW THIS. Not every use of someone else’s trademark is trademark infringement. This case is a good example. A press release is an official statement that is issued to give general information to the news media. A press release isn’t considered trademark use because its primary purpose is to provide information for news purposes. The press releases didn’t use Toni’s name in the trademark sense so she couldn’t maintain a cause of action for infringement.