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Keywords

lawsuitplaintiffdefendantappealtrialverdictmotion
plaintiffdefendanttrialverdict

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Doe v. TCI Cablevision of Missouri, Not Reported in S.W.3d, 2002 WL 1610972, 30 Media L. Rep. 2409

Facts

Anthony R. Twist, a retired professional hockey player, filed a lawsuit against comic book publisher Todd McFarlane for misappropriation of his name, claiming that a character in the comic book 'Spawn' was based on him without his consent. The jury initially ruled in favor of Twist, awarding him $24.5 million. However, the trial court later granted McFarlane's motion for judgment notwithstanding the verdict, stating that Twist failed to prove the necessary intent for misappropriation. Twist appealed the decision.

The plaintiff, Anthony R. Twist, also known as Tony Twist, is a retired professional hockey player. He complains that the defendants misappropriated his name by using it for a comic book villain without his consent and identifying him as the source of the name for the character.

Issue

Did the trial court err in granting judgment notwithstanding the verdict in favor of the comic book publisher on the grounds of misappropriation of name?

Did the trial court err in granting judgment notwithstanding the verdict in favor of the comic book publisher on the grounds of misappropriation of name?

Rule

The right of publicity protects individuals from unauthorized commercial exploitation of their identity. A claim for misappropriation of name requires proof that the defendant used the plaintiff's identity for commercial purposes without consent. The First Amendment provides a defense against such claims when the use is part of a work of fiction, requiring strict scrutiny of any state action that restricts free speech.

The right of publicity protects individuals from unauthorized commercial exploitation of their identity. A claim for misappropriation of name requires proof that the defendant used the plaintiff's identity for commercial purposes without consent. The First Amendment provides a defense against such claims when the use is part of a work of fiction, requiring strict scrutiny of any state action that restricts free speech.

Analysis

The court analyzed whether Twist's claim constituted a misappropriation of name or a right of publicity claim. It determined that the comic book character did not appropriate Twist's identity in a way that would violate his rights, as the character was fictional and not 'of and concerning' Twist. The court emphasized the importance of the First Amendment in protecting creative works, concluding that the comic book's use of the name did not constitute a commercial exploitation of Twist's identity.

The court analyzed whether Twist's claim constituted a misappropriation of name or a right of publicity claim. It determined that the comic book character did not appropriate Twist's identity in a way that would violate his rights, as the character was fictional and not 'of and concerning' Twist. The court emphasized the importance of the First Amendment in protecting creative works, concluding that the comic book's use of the name did not constitute a commercial exploitation of Twist's identity.

Conclusion

The appellate court affirmed the trial court's decision, ruling that the First Amendment protected the comic book publisher's use of the name and that Twist's claim did not meet the necessary legal standards for misappropriation.

The appellate court affirmed the trial court's decision, ruling that the First Amendment protected the comic book publisher's use of the name and that Twist's claim did not meet the necessary legal standards for misappropriation.

Who won?

The comic book publisher, Todd McFarlane, prevailed in this case. The court found that the use of Twist's name in the comic book did not constitute misappropriation because the character was fictional and the First Amendment protected the publisher's creative expression. The court emphasized that the plaintiff failed to demonstrate that the defendants had a specific intent to exploit his identity for commercial gain.

The comic book publisher, Todd McFarlane, prevailed in this case. The court found that the use of Twist's name in the comic book did not constitute misappropriation because the character was fictional and the First Amendment protected the publisher's creative expression.

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