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WINTER v. DC COMICS

No. B121021.

121 Cal.Rptr.2d 431 (2002)

99 Cal.App.4th 458

Edgar WINTER and Johnny Winter, Plaintiffs and Appellants, v. DC COMICS, et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Four.

Review Granted September 11, 2002.

Attorney(s) appearing for the Case

Gipson, Hoffman & Pancione, Julia L. Ross, Corey J. Spivey and Vincent H. Chieffo, Los Angeles, for Plaintiffs and Appellants.

Victoria T. Vaught, Conway, SC, and Steven Springer for National Organization for Albinism and Hypopigmentation as Amicus Curiae on behalf of Plaintiffs and Appellants.

Weissmann, Wolff, Bergman, Coleman & Silverman, Anjani Mandavia, Julie B. Waldman and Michael Bergman, Beverly Hills, for Defendants and Respondents.

HASTINGS, J.

Plaintiffs, brothers Johnny and Edgar Winter, are well-known performing and recording musicians originally from Texas. They were born with albinism, a genetic condition resulting in lack of pigmentation. Without their consent they were depicted as the "Autumn brothers" in three out of a series of five comic books which loosely parodied the genre of singing Wild West cowboys who were battling with worm-like

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