The Missouri Court of Appeals has extended First Amendment protection to a work of fiction merely adopting a real person's name. Former hockey "enforcer", Tony Twist, the namesake of mob enforcer, Antonio Twistelli, a.k.a. Tony Twist, in Todd McFarlane's "Spawn" comic book, had been awarded $24.5 Million by a jury in a case dealing with "misappropriation of name" and "right to publicity" issues. In upholding the trial judge's decision to overturn the jury award, the Court of Appeal also held that damages are not recoverable where no one would reasonably believe the fictional account is "of and concerning" the plaintiff. For a copy of the case, (Doe v. TCI Cablevision of Missouri, et al.), visit http://www.molawyersweekly.com/archives/mo/opin/coa/78785.htm

E-TIPS® ISSUE

02 08 15

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