Update: Toni Basil's 'Mickey' Lawsuit is Dismissed

[JamesG]

Mickey Mouse, Viacom & "South Park" Sued by 'Mickey' Singer over 1982 Hit
by Dominic Patten
August 31, 2017


It likely won’t totally blow your mind, to paraphrase Toni Basil’s 1982 hit “Mickey,” but today the singer is going after the Walt Disney Company, Viacom, "South Park" and others in court for non-consensual use of her persona, image and voice.

At more than $750 for every time an “unauthorized use” was seen, heard or broadcast, highly respected choreographer Basil could be looking at some mighty fine dough, especially where Barack Obama was used in her name.





“TWDC never sought or obtained consent to use Basil’s voice and persona to market its officially licensed Disney clothing line,” says the wide ranging, multi-claim complaint that seeks ann injunction and punitive, actual and emotional-distress damages.

“Basil was never consulted and would never consent to the use of her voice, persona, image or named coupled with Disney products,” the filing in LA Superior Court on Thursday adds in terms you don’t hear often in Hollywood nowadays. “Basil’s exclusive right to publicity has been damaged by the coupling with Mickey Mouse and the Disney brand.”





With her ire primarily focused on licensing by defendants Razor & Tie Direct and its various subsidiaries, the jury-seeking 20-page complaint details a long, complex and, according to the plaintiff, perhaps sleight-of-hand journey of the rights to Basil’s No. 1 hit rendition of the song penned by Mike Chapman and Nicky Chinn. One she is not pleased with, Disney and otherwise.

“Upon notification of the unauthorized commercial use of Plaintiff’s song ‘Mickey’ along with the implied endorsement causes Plaintiff to become withdrawn, despondent and physically ill,” Basil’s legal paperwork states. “She has experienced sleep deprivation, nightmares, and anxiety as a result of Defendants’ actions,” it asserts.





“South Park Defendants never sought or obtained consent from Basil for the use of her voice, persona and name in an episode of South Park with particularly strong political undertones,” Basil’s lawyers at Huntington Beach’s FEM Law Group also noted.

The "South Park" episode being referenced is from November 5, 2008, when Barack Obama was elected the 44th President of the United States. Among other flights of fancy and social satire, a riot-like scene uses the lyrics to Basil’s “Mickey” sung as “Obama, you’re so fine, you’re so fine you blow my mind, hey Obama, hey Obama.”





Claiming violation of her right of publicity and RICO Act violations, among others, Basil is not happy with that, the Disney clothing line sold in Forever 21 (another defendant) and the accompanying video to the products. Nor is she over the moon about a lip-syncing segment in an VH1-aired episode of "RuPaul’s Drag Race" where contestants sang along to her Spanish-language recording of “Mickey.”

“Plaintiff did not become aware of the commercial synchronization and licensing of ‘Mickey’ by R&T Defendants, including the unauthorized use of her voice, name, image and/or celebrity endorsement of Defendants until January 12, 2017,” the complaint explains, laying out her various attempts to get R&T to stop licensing the song and give her a full accounting.

“Until that time she was unaware of the use of her voice, likeness, and/or persona in an episode of South Park, in a Forever 21 advertisement, and in an episode of RuPaul’s Drag Race, among others.”




Viacom, Disney and "South Park" producers Central Productions have not responded to request for comment on today’s filing.

http://deadline.com/2017/08/toni-bas...om-1202159438/

[JamesG]

Disney Proves So Fine in Getting Toni Basil “Mickey” Suit Tossed, For Now
by Dominic Patten
February 16, 2018


Turns out Mickey can say goodnight after all, despite what the massive 1982 Toni Basil hit declares.

Or rather, at least the federal trademark lawsuit over the tune that ex-So You Think You Can Dance guest judge originally brought against the Walt Disney Company, Viacom, Forever 21 and others has said goodbye, for After seeing the initially state court filed complaint of August last year removed to federal court in late 2017, Basil has now seen her legal move dismissed – though it could be resurrected.





“At least as alleged in the FAC (First Amended Complaint), Basil’s Lanham Act claim alleges no well-pleaded facts that would support a claim that is not preempted by the Copyright Act or constitute nominative fair use,” wrote U.S. District Judge Percy Anderson on Valentine’s Day of Basil’s contention that use of the “Mickey” song under false licensing assumptions by Disney, Kohl’s and Forever 21 served up a ball of confusion to consumers.

“The Court therefore dismisses the FAC’s Lanham Act claim,” the California-based judge adds.





While giving Basil a chance to try again and keeping the state claims alive on jurisdictionally basis, Judge Anderson isn’t exactly expecting to have his mind blown, to shamelessly paraphrase “Mickey” again.

“Although the Court has serious doubts that Plaintiff can allege sufficient well-pleaded facts to state a viable Lanham Act claim, the Court will provide Plaintiff with an opportunity to attempt to cure the deficiencies identified in this Order,” he notes.

“The Court therefore dismisses the Lanham Act claim with leave to amend.”





An October 30 trial date is still penciled in on the calendar and Basil has until the end of this month to filed an amended complaint if she wants another kick at the legal can.

This could also all end up going back to state court too if Basil files her own dismissal by February 28, Judge Anderson made clear. In that instance, “the Court would elect not to exercise its supplemental jurisdiction over Plaintiff’s remaining state law claims and would instead remand the remaining claims to Los Angeles Superior Court,” he said on February 14.

Claiming that the defendants’ “unauthorized commercial use of Plaintiff’s song ‘Mickey’ along with the implied endorsement” caused her “to become withdrawn, despondent and physically ill,” Basil’s first filing in LASD last summer added that the much respected choreographer “has experienced sleep deprivation, nightmares, and anxiety as a result of Defendants’ actions.”





In that initial action, Basil went after Disney, Kohl’s and Forever 21 over a clothing line plus Viacom, "South Park" and others for what she alleged was non-consensual use of her persona, image and voice. In a convoluted trail of rights, it seemed to all come out of Basil arguing that defendants Razor & Tie Direct and its various subsidiaries did not actually have the rights that they said they did and licensed out to the likes of the House of Mouse.

“Basil’s exclusive right to publicity has been damaged by the coupling with Mickey Mouse and the Disney brand,” the August 31 eight-claim complaint threw out there too.

On December 4 last year the matter was moved to federal court. That same day, Viacom and Comedy Central’s Central Productions were “terminated” as defendants. A fate that Disney surely hopes is in its near federal future too, that other “Mickey” and all.

http://deadline.com/2018/02/toni-bas...ed-1202291871/