Litigation
Rock ‘N’ Roll Comics #12 (June 1990), an unauthorized bio of The New Kids on the Block, got Revolutionary sued again by Great Southern/Winterland. Loren set up a 900 number “Nuke the New Kids” to raise money for the company’s defense ($10.00 per call, billed by phone company). In April 1990, U.S. District Judge John S. Rhoades declared that Rock ‘N’ Roll Comics #12 could legally be distributed because it is “part biography and part satire.” His twelve-page ruling also stated that “Bookstores are filled with biographies - both authorized and unauthorized - of public figures. And, while the subjects of such biographies may be offended by the publication of their life stories, they generally have no claim for trademark infringement.”
Rhoades’ ruling also stated “It appears that the First Amendment may trump any claim that the plaintiffs have for trademark infringement.” The resultant order stated that Winterland Concessions Co. failed to show that the case met the standards required to issue a preliminary injunction. This dissolved the temporary restraining order prohibiting distribution. The New Kids responded by filing suit for trademark infringement since their logo appeared in the comic.
A settlement between the New Kids and Revolutionary was reached in August 1990. It permanently enjoined Revolutionary from “advertising, manufacturing, distributing and/or selling or otherwise commercially exploiting any publication displaying the trademark and/or logo of the New Kids on the Block, either as a group or individually.” Loren promptly reprinted the New Kids story in magazine format, without depicting the band’s logo anywhere in the story. Ironically, this and the other lawsuits garnered Revolutionary worldwide press, eventually resulting in record-breaking sales for an indie comic publisher.
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