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DOE v. McFARLANE

No. ED 85283.

207 S.W.3d 52 (2006)

John DOE a/k/a Tony Twist, Respondent, v. Todd McFARLANE and Todd McFarlane Productions, Inc., Appellants.

Missouri Court of Appeals, Eastern District, Division Five.

Motion for Rehearing and/or Transfer Denied July 26, 2006.

Application for Transfer Denied December 19, 2006.

Attorney(s) appearing for the Case

Thomas C. Walsh, James F.Bennett, Michael A. Kahn, Geoffrey Gerber, St. Louis, for appellants.

James P. Holloran, Saint Louis, Robert D. Blitz, John E. Bardgett, R. Thomas Avery, Thomas W. Rynard, Clayton, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 26, 2006.

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...

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