Tony Twist wins $15 million verdict

stl today ^ | 07/10/2004 | Peter Shinkle

[dennisw]

Tony Twist wins $15 million verdict By Peter Shinkle Of the Post-Dispatch 07/10/2004 He sued over use of name Tony Twist, the former rock 'em-sock 'em Blues hockey player, was awarded $15 million Friday by a jury that concluded comic book artist Todd McFarlane had profited by using Twist's name without his permission. McFarlane, formerly the principal artist and writer of Spiderman comics, gave the name Tony Twist to a violent New York mob boss in McFarlane's Spawn comics in the early 1990s. In a case that could have broad meaning for artistic freedom, McFarlane insisted the name had literary value and his use of it was protected under the First Amendment, but Twist contended McFarlane had exceeded free speech rights. It was the second time for Twist's claims to go to trial. A St. Louis Circuit Court jury ruled in Twist's favor in 2000 and awarded him $24.5 million, but the trial judge overruled the verdict and the state appeals court later ruled in McFarlane's favor citing his free speech rights. The Missouri Supreme Court, however, last year ordered a new trial after concluding that McFarlane's use of Twist's name was driven more by moneymaking than by "artistic value." "They made Tony into a Mafia boss," said James Holloran, an attorney for Twist. "He was involved in murders and kidnappings and rapes." Reporters have a constitutional right to write freely about Twist as a hockey player, even calling him a "goon" or "enforcer" for his rough play on the hockey rink, but that First Amendment freedom does not extend to using his name for commercial advantage, Holloran said. McFarlane's attorneys argued that his use of the name was protected and that no reasonable person would confuse the fictional character with the real person. "The use at issue in this case is no different from Simon and Garfunkel's use of the name Joe Dimaggio in the song 'Mrs. Robinson,'" said Michael Kahn, one of McFarlane's attorneys. The St. Louis Circuit Court jury, which issued its verdict after a four-week trial, found that McFarlane and his comic book company, Todd McFarlane Productions Inc., had infringed on Twist's publicity rights, and ordered them to pay $15 million. The jury did not assess damages against three companies that McFarlane owns all or part of. Kahn vowed to appeal the verdict "all the way."

[Physicist]

"They made Tony into a Mafia boss," said James Holloran, an attorney for Twist. "He was involved in murders and kidnappings and rapes." Reporters have a constitutional right to write freely about Twist as a hockey player, even calling him a "goon" or "enforcer"

Ah, so the problem is that the author gave Twister too high a ranking in the mob. Button man, OK, but made man is out.

Hey, maybe Twister should go play for the Calgary Hitmen!

[misterrob]

$15 million????? For that thug?

Someone just hit the lottery

[mattdono]

Well, as far as I'm concerned McFartlane deserves it. He is an arrogant little POS. He's a big time lib too, so that's just icing on the cake.

[gr8eman]

Now if only the Twister would pay him a visit and pound him into the pavement. Maybe McFarlane can get his cash back?

[gr8eman]

Now if only the Twister would pay him a visit and pound him into the pavement. Maybe McFarlane can get his cash back?

[NYCVirago]

"The use at issue in this case is no different from Simon and Garfunkel's use of the name Joe Dimaggio in the song 'Mrs. Robinson,'" said Michael Kahn, one of McFarlane's attorneys.

"Mrs. Robinson's" line about DiMaggio was so complimentary, that Simon sang the song at a Yankee tribute to DiMaggio. Tony Twist's name was used to portray a ruthless mafia thug. They're exactly the same. (/sarcasm)