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Judge Dismisses Toni Basil’s Lawsuit Over Use of Her Song ‘Mickey’

Judge Dismisses Toni Basil's Lawsuit Over Use of Her Song 'Mickey' toni basil

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.

Source: Deadline

Image: Screen shot from YouTube video


Tom is the host and producer of the DIS Unplugged: Disneyland Edition podcast, plus Disneyland Editor of The DIS. He enjoys traveling with his wife and teenage son. At this point, their favorite destination is Alaska, with a FIFTH cruise there planned for the Summer of 2019. In his spare time he volunteers with Boy Scouts and Cub Scouts, and help found his son's former Cub Scout Pack. His favorite Disneyland attraction is Space Mountain.


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