The New Kids on the Block (New Kids) (plaintiff) were a musical group with a registered trademark in the group’s name. New Kids had an extensive merchandising portfolio, which included a pay-phone service that allowed fans to call in and listen to members of the group for a fee. News America Publishing, Inc. (News America) (defendant) published polls in two of News America’s newspapers, asking readers to call in and answer various questions about the members of New Kids. Each caller was charged a fee. Believing that the polls infringed upon their trademark, New Kids brought several claims against News America, including claims for trademark infringement under the Lanham Act. The district court granted summary judgment in favor of News America. New Kids appealed the decision.