Tony Twist vs Spawn: Round 4 Goes to Twist

[lighthouse]

Linky-dink

 

Posted on Sat, Jul. 10, 2004

 

Tony Twist wins $15 million verdict

 

Associated Press

 

 

ST. LOUIS - Tony Twist, a former National Hockey League enforcer known more for his fighting than his skating, has been awarded $15 million by a jury that found a comic strip creator had profited by using Twist's name without his permission.

 

 

Comic book artist Todd McFarlane is the former principal artist and writer of Spiderman comics. He gave the name Antonio "Tony Twist" Twistelli to a violent New York mob boss character in McFarlane's Spawn comics in the early 1990s.

 

 

McFarlane had claimed his use of the name was protected under the First Amendment. Twist disagreed, saying McFarlane had gone outside the bounds of free speech rights.

 

 

Twist was awarded more than $24.5 million by a St. Louis Circuit Court jury in 2000, but the judge overruled that decision.

 

 

The Missouri Court of Appeals' Eastern District ruled in McFarlane's favor two years ago, citing First Amendment protections, but the Missouri Supreme Court in July 2003 ordered a new trial. The court called McFarlane's use of Twist's name "predominantly a ploy to sell comic books and related products rather than an artistic or literary expression."

 

 

McFarlane appealed to the U.S. Supreme Court in December 2003, arguing that "Spawn" characters "are purely fictional fantasies, and no reasonable person could confuse the plaintiff with the fictional fantasies and characters portrayed therein."

 

 

The high court rejected the appeal without comment in January.

 

 

"They made Tony into a Mafia boss," said James Holloran, an attorney for Twist, a former St. Louis Blues player. "He was involved in murders and kidnappings and rapes."

 

 

The First Amendment doesn't allow an artist to use someone's name for commercial advantage, Holloran said. McFarlane's attorney disagreed.

 

 

"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.

 

 

"He thought it was a cool name for a mobster," Kahn added.

 

 

The St. Louis Circuit Court jury on Friday 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.

 

 

Kahn vowed to appeal the verdict.

 

 

"This is just round four in this First Amendment battle," he said. "We will appeal this all the way."

[Aces]

Such BS...

 

Just because they have the same name?

I would have never made the conection.

 

What does a hockey player have to do with the mob?

 

Now if the character was a hockey player that turn out to be a serial killer or something then that's slander.

[awe4one]

Didn't MacFarlane admit he based the character on Twist and is claiming it's a parody?

 

Jim

[Ares]

Such BS...

 

Just because they have the same name?

I would have never made the conection.

 

What does a hockey player have to do with the mob?

 

Now if the character was a hockey player that turn out to be a serial killer or something then that's slander.

 

Well a goalie for Montreal Canadiens Josee Theordore has a father and brother who are on trial for mob involvement (or somethign like it) in canada.

[deathlok]

Nice avatar!

 

I think I have seen it around here before....let's see now....man, I am starting to feel like pov now......

[Ares]

Nice avatar!

 

I think I have seen it around here before....let's see now....man, I am starting to feel like pov now......

Mine is linked to yours!

If i did it right everytime you change yours mine will as well.

Unitll I shoose another more worthy Jedi comic Master to emulate

[Aman619]

Todd is a huge hockey fan.

Todd admitted he used Twist's name.

Theres no question it wasny a coincidence.

 

Whetther Todds committed libel, or owes millions in damages is up to the courts, which obviously cant all agree so far.

[deathlok]

Nice avatar!

 

I think I have seen it around here before....let's see now....man, I am starting to feel like pov now......

Mine is linked to yours!

If i did it right everytime you change yours mine will as well.

Unitll I shoose another more worthy Jedi comic Master to emulate

[Ares]

Nice avatar!

 

I think I have seen it around here before....let's see now....man, I am starting to feel like pov now......

Mine is linked to yours!

If i did it right everytime you change yours mine will as well.

Unitll I shoose another more worthy Jedi comic Master to emulate

It didnt work!

I guess your not worthy

[deathlok]

Nice avatar!

 

I think I have seen it around here before....let's see now....man, I am starting to feel like pov now......

Mine is linked to yours!

If i did it right everytime you change yours mine will as well.

Unitll I shoose another more worthy Jedi comic Master to emulate

It didnt work!

I guess your not worthy

[Murph]

I'd comment on this case, but I have pending litigation against the "Brian Murphy" who writes on ESPN.com.

 

Brian

[joe_collector]

This whole thing is hilarious, and outlines exactly what is wrong with the US legal system.

 

Virtually no one outside of hockey circles knows who Tony Twist even is, he's retired, and even when active, Twist made virtually nothing in endorsements.

 

So to state that the Spawn character somehow "limits his ability to get endorsements" is laughable, and yet another example of a brain-dead meathead trying to get a free lunch through the courts.

 

I'd love to see Twist's "major endorsement deals" prior to Spawn #6, and a year after. Probably about the same: $6K for some honky tonk bar commerical on Cable TV.

[comicwiz]

This whole thing is hilarious, and outlines exactly what is wrong with the US legal system.

 

Virtually no one outside of hockey circles knows who Tony Twist even is, he's retired, and even when active, Twist made virtually nothing in endorsements.

 

So to state that the Spawn character somehow "limits his ability to get endorsements" is laughable, and yet another example of a brain-dead meathead trying to get a free lunch through the courts.

 

I'd love to see Twist's "major endorsement deals" prior to Spawn #6, and a year after. Probably about the same: $6K for some honky tonk bar commerical on Cable TV.

 

Exactly the reason why Seinfeld had the presence of mind to ask permission to use the "Kramer" name in his sitcom before the show became a huge hit. You just can't be too cautious because the world is filled with grabby types like Twist. I believe that in the Seinfeld case understand that even after getting his permission, the original guy tried to use the litigation angle and failed, and prompted the whole episode of Kramer doing the Peterman reality bus tour...

[Aman619]

Twist may be overreaching of he expects more than th efew thousands h ereally lost in endorsements. But turning your statement around, Todd KNEW he was using a real person's name etc and could have just as easily ASKED permission of notified him thru channels. Twist may have just said "cool" Who Cares?"

 

The case seems to stem from the absurd notion that Todd McFarlane isnt a cocky bastaard who thinks his millions entitle him to do any freaking thing he wants to!!! Where would anybody get that idea. IMO, millions in damages is crazy and aint gonna stand up.... but Todd is liable to some degree in that he admitted he knew Twist and used the name on totally of own volition.

[Aman619]

Seems also that at this point in Twists career (or lack of one) his suit against Todd is all hes got going, huh?

[Silver Surfer]

That is complete nonsense. Did Twist have his name patented? I doubt it, so what possible claim could he have. I'm sorry but I think the legal system in the States, when it comes to awarding damages for frivolous claims like this, is just so out of control.

[Stout1]

Tony Twist has a bar or two in the St. Louis area. I had never heard of him before. But he is a local celebrity. I guess he want's to protect his name and future earnings. Dosent want the area too think his place is a mob hangout type of thing. I live in the St. Louis area now. I can see his point, but too what monetary level??

[Aman619]

Surfer, dont you think a person has control over their name and image (no pun intended)? I guess the question is does a person have more say depending on how famous they are? Or is that just a function of wallet power in defending oneself (a la OJ)

[Aces]

Surfer, dont you think a person has control over their name and image (no pun intended)? I guess the question is does a person have more say depending on how famous they are? Or is that just a function of wallet power in defending oneself (a la OJ)

 

Just the name no.

 

Every Peter Parker and Aunt May out there is going to sue now...

[Mephisto]

This whole thing is hilarious, and outlines exactly what is wrong with the US legal system.

 

Virtually no one outside of hockey circles knows who Tony Twist even is, he's retired, and even when active, Twist made virtually nothing in endorsements.

 

 

I have to agree with Joe . I don't care for hockey at all, but I am familiar with many of the players from watching Sports Center nearly every morning for the past 10+ years and this guy's name doesn't ring a bell.