Last fall, one-hit-wonder Toni Basil filed a trademark infringement lawsuit against The Walt Disney Company, Kohl’s, Forever 21 and others for unauthorized use of her 1982 single, “Mickey.”
Forever 21, for example, used Basil’s song in a video promoting a line of Disney clothing.
The lawsuit claimed that Basil was “not consulted, did not give written consent to the assignment or licensing of ‘Mickey'” and asks for damages in excess of $25,000. Basil also claimed that the use of her song “implied endorsement,” which caused her to experience “sleep deprivation, nightmares, and anxiety.”
This week, a federal judge dismissed Basil’s lawsuit, stating that the claim “alleges no well-pleaded facts that would support a claim that is not preempted by the Copyright Act or constitute fair use.”
A October 30 trial date is still on the calendar, giving Basil’s attorneys a chance amend their complaint.
The judge, however, “has serious doubts that [the] Plaintiff can allege sufficient well-pleaded facts to state a viable Lanham Act claim.”
Basil’s attorneys have until February 28th to respond.
Image: Screen shot from YouTube video