Doe v. McFarlane

OPINION

GLENN A. NORTON, Chief Judge.

A jury rendered a verdict against Todd McFarlane and Todd McFarlane Productions, Inc. (“TMP”) on Tony Twist’s right of publicity claim involving the use of his name in a comic book. McFarlane and TMP appeal. We affirm.

I. BACKGROUND

McFarlane is the creator of the very successful Spawn comic book series, which his production company, TMP, issues. Twist is a former professional hockey player who played for the Quebec Nordiques and the St. Louis Blues. One of the characters in the Spawn comic book is named “Tony Twist,” a mafia boss who first appeared unnamed…