Doe a/k/a Twist v. TCI Cablevision
Missouri Supreme Court
110 S.W.3d 363 (Mo. 2003)
Relevant factsFree
TCI (defendant) published a comic book featuring a villain sharing former NHL player Tony Twist's (plaintiff's) name and "tough guy" persona, and its creator publicly stated the villain was based on the real Twist, while TCI marketed the comic and related products directly to hockey fans; the jury found for Twist on his misappropriation-of-name claim and awarded $24.5 million, but the trial judge granted TCI judgment notwithstanding the verdict.
IssueFree
Whether the "right of publicity" tort requires a plaintiff to prove the defendant intended to use the plaintiff's identity to gain a commercial advantage.