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Plot Twist: A jury recently awarded $15 Million to former professional hockey enforcer, Tony Twist, who sued Todd McFarlane, the writer-illustrator of Spiderman comics, for nicknaming one of his mobster characters "Tony Twist" in the Spawn comic books in the early 1990s.

Famous writers of fiction and their constitutional lawyers are taking note of this case, which is sure to be appealed. Blogger Brian J. Noggle muses:

McFarlane did not name the mobster Tony Twist. Tony Twist in the Spawn comic book was a nickname given to a mobster whose real fictional name was Antonio "Tony Twist" Twistelli (more detailed Sports Illustrated article). So a tough guy enforcer thug with a name of Antonio Twistelli was given the nickname Tony Twist, an allusion to the hockey player made his living espousing those qualities.

Many lawyers and writers thought that the use of a famous name in the storyline of a fictional literary work, in this way at least, would be constitutionally protected free speech. Anyway, isn't "Tony" just a nickname for Anthony R. "Tony" Twist, himself? The jury must have missed the plot.

Posted by abnu on Tuesday, July 13, 2004 @ 11:24 PM [ + ]

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