Anthony “Tony” Twist was a professional hockey player. He played Left Wing in the NHL for the St. Louis Blues and Quebec Nordiques from 1989 to 1999. His career came to an end after getting into a motorcycle accident in St. Louis. Tony Twist was a feared enforcer in the NHL and was well known for his devastating punches. Which, he used to batter many of the leagues top enforcers during his career. Todd McFarlane and his company, Todd McFarlane Productions Inc., created a comic book called “Spawn.” There was a character named Antonio “Tony Twist” Twistelli, who was a mob enforcer in the book. Anthony Twist found out about it in 1997 and argued that the character was created off of his likeness. Anthony Twist sued Mr. McFarlane and other companies …show more content…
Twist to go to trial for misappropriation. The Jury verdict went in favor of Anthony Twist and awarded him $24,500,000. However, the judge threw out the verdict, ruling that the First Amendment protected Mr. McFarlane. The court granted Mr. McFarlane motion for judgment notwithstanding the verdict or JNOV. Then, ordered a new trial, in the event that its judgment notwithstanding the verdict was overturned on appeal. A request for injunctive relief by Anthony Twist was also denied. After appeal to the Court of Appeals, Eastern District, this court granted transfer. Missouri Constitution Article V, Section …show more content…
After, Mr. McFarlane used his likeness to gain an advantage in the market. Misappropriation of name was used as a claim, but it was later changed to a right of publicity. Todd McFarlane used Anthony Twist’s name without his consent and gained an advantage in the market place. Anthony Twist’s name was harmed by the publication and he lost an endorsement because of the publication he did not consent to. Mr. Twist sought equitable relief from the circuit court in the form of a permanent injunction prohibiting respondents from using his name, commercial, persona, autograph, and/or likeness for any purpose without his consent. The circuit court’s judgment notwithstanding the verdict or JNOV is reversed, the judgment granting a new trial is affirmed, the judgment denying injunctive relief is affirmed, and the case is