McFarlane wins in court

[Guest starvenger]

From Newsarama

 

The Missouri Court of Appeals' Eastern District has ruled that Todd McFarlane was free to use hockey player Tony Twist’s name for a character in Spawn, upholding a St. Louis circuit judge’s dismissal in November 2000 of a $24.5 million judgment for Twist.

Originally tried in mid 2000, Twist sued McFarlane, claiming the creator violated his constitutional rights by using his name without authorization. McFarlane had named violent mafia enforcer in the series “Antonio Twistelli.” The character’s nickname was “Tony Twist.”

 

Twist claimed that McFarlane’s unauthorized use of his name cost him business, in the form of endorsements. McFarlane, an avowed hockey fan, admitted that he named the character after Twist, who had not played hockey since his contract with the St. Louis Blues expired in 1999. In trial, Twist won an initial judgment, but later lost on appeal by McFarlane. The appelate court decision was in response to an appeal filed by Twist.

 

“We conclude that a reader could not reasonably believe that the Twist comic book character is meant to portray, in actual fact, Twist the hockey player," the three-judge panel said in an opinion written by Judge James R. Dowd.

 

"It's a terrific victory for the First Amendment," said Michael Kahn, a McFarlane lawyer in an Associated Press account. "As far as we're concerned, the court of appeals got it right."

 

John Bardgett Sr., lawyer for Twist said the appeals court would be asked to reconsider its ruling.

 

I hope that this decision has some impact on that King Velveeta ruling...

[Guest Vyce]

Oh thank God.

 

For a half second, reading that headline, I thought it was Gaiman's case against Toad.

 

Neil had BETTER win that one.

[Guest Steviekick]

I'm really vague on the Miracleman lawasuit between Gaiman and McFarlane. Would somebody explain what went on? I woud appreciate it

[Guest starvenger]

Here's some links to articles concerning the lawsuit(s):

 

The Comics Journal

 

ICv2

 

Newsarama

 

I haven't been able to dig up anything new, and this covers the pertinent details. Hope it helps...