McFarlane files for Chapter 11

[Jolly Rogers]

Yahoo news

[eriku]

I'm no McFarlane fan, but it's pretty bogus that he lost that lawsuit. A name is a name is a name. To me "Tony Twist" isn't any different than John Smith or Jack Jones or Bill Peterson or whatever. Doesn't this sort of open up a whole big ugly can of worms that will allow anyone with a name that's the same as another name in some piece of media to file a lawsuit? Or is "Tony Twist" different from a 'common' name because the tool is a "professional"?

::edit::

I just thought of something, who would win in a legal battle between Robert Smith of the Cure and Robert Smith the football player? Or what if all the Robert Smiths in the United States formed a class-action lawsuit against the celebrity Robert Smiths because they've made a profit with their names? Sounds like great fodder for an episode of South Park.

Edited December 19, 2004 by eriku

[eugimon]

well, this is similar to why WWF had to change its name to WWE.. because the World Wildlife Fund that people would mistake the World Wrestling Federation for them and thus weaken their ability to save animals.

it's all pretty bogus... I hope tony twist will sleep better knowing his name is secure and now several people may be unemployed.

[Duke Togo]

When you consider how big of a hockey fan McFarlane is, and his penchant for using the names of people he knows, its fairly reasonable to concluse the character's name comes from the real life Tony Twist.

That said, as much as I don't like McFarlane, I do think this finding was pretty much BS. I don't see how anyone could confuse a comic book character with a former NHL player. Usually these sorts of rulings only happen when there is a clear similarity between the two entities.

Here's one for you... There was a real John Rambo who fought and died in Vietnam. You can find his name on the Vietnam Memorial. The family never filed a lawsuit regarding the name and similarit.

[Die, Alien Scum!]

I can only assume that Tony Twist really, really needs the money. He retired from hockey several years ago and, at least for a short time, worked as a hockey analyst for ESPN. If it weren't for the fact that he was one of the biggest goons in modern hockey, no one would even remember him. He wasn't very skilled in the facets of playing the game, but he could beat the crap out of anyone on the ice. Way to waste the time and resources of our judicial system with a moronic and utterly needless lawsuit, Tony Twist! I see you're still an arrogant ass!

[glane21]

No way the real Tony Twist lost $15 million in personal income because they used his name in the comic. It's McFarlane's own fault, though, for being an arrogant ass and not paying the guy some reasonable amount in a settlement.

Plus now that it's clear that all those homerun record items he bought were from players jacked up on steroids, it will probably drive down any value they would historicly achieve.

[1st Border Red Devil]

No way the real Tony Twist lost $15 million in personal income because they used his name in the comic. It's McFarlane's own fault, though, for being an arrogant ass and not paying the guy some reasonable amount in a settlement.

Heh....

I agree. McFarlane is reaping what he sowed as far as Im concerned. About 12 yrs ago he sued Palladium Books, Inc. for copyright infringement over the use of the RPG Nightspawn about shapeshifting 'critters' that do battle with Cthonic forces from an alternate reality. Palladium gave his lawyers the middle finger by changing the name on the 2nd Printing to Nightbane. McFarlane is a hack and a jackass of the first order.

[EXO]

You guys are trying to argue which frivolent lawsuit is worse? That's the biggest problem concerning our justice system today... people taking advantage of each other for money. Just like Spike Lee suing Spike TV for using his name.

I'm not sure if the lawuit even has anything to do with the company's filing. Like the article said, McFarlane had his own careless way about his money. His company will be ok, he's obviously making some changes that will screw people over and has to make sure his comapny can't be sued by them.

[dr_vandermeer]

From what I understand of the case, this is a horrible decision.

[areaseven]

You know, that reminds me...

How come Harmony Gold hasn't sued the dozen or so companies that use the name Robotech on their products or business titles? I mean, few companies are more desperate for cash than HG, right?

[Duke Togo]

You guys are trying to argue which frivolent lawsuit is worse? That's the biggest problem concerning our justice system today... people taking advantage of each other for money. Just like Spike Lee suing Spike TV for using his name.

I'm not sure if the lawuit even has anything to do with the company's filing. Like the article said, McFarlane had his own careless way about his money. His company will be ok, he's obviously making some changes that will screw people over and has to make sure his comapny can't be sued by them.

Spike Lee is a clown, I don't see how anyone takes him seriously. Take Michael Jordan out of Spike's career, and he's a nobody filmmaker that no one has heard of.

[sabretooth]

it's a crappy decision in regards to the field of judical process

but macfarlane could have avoided this

i hate miccyf but i also pity the guy

his self made mini empire in the pooper cuz of some jackass player hasbeen who had a better legal team?

i bet he's looking at his million dollar baseballs right now....

[yellowlightman]

As much as I think McFarlane is an assclown, the lawsuit does sound like BS.

Maybe it's just karma for being associated with Rob Liefeld, making the most overrated comic of the last 20 years and ruining the word "toys."

[fulcy]

well, this is similar to why WWF had to change its name to WWE.. because the World Wildlife Fund that people would mistake the World Wrestling Federation for them and thus weaken their ability to save animals.

Actually, the World Wrestling Federation sued the World Wildlife Fund, because their acronyms were the same. Too bad none of their lawyers knew how to look up the fact that the World Wildlife Fund had been in operation for years before the World Wrestling Federation came to be - and so the WWE lost and is now called the WWE...

[promethuem5]

As much as I think McFarlane is an assclown, the lawsuit does sound like BS.

Maybe it's just karma for ... ruining the word "toys."

WTF!? ruining toys? Todd McFarlene has contributed SOOOO much to modern toy making view its not funny! Todd McFarlene practically defined hi-detail sculpting....granted his toys arent the most posable, buts thats a whole different area of toys.

As for the BS lawsuit, this NHL guy Twist is obviously a broke asshat who needs the money....last time I checked, noone owns your name...lots of people have the same name...I agree, sounds like South park episode fodder

[Montarvillois]

The US is one big stupid lawsuit machine.

Period.

[the white drew carey]

Meh... no skin off my dick.

Frivolous lawsuits don't bug me as long as they 1) Don't directly and adversely affect the public interest, and 2) aren't paid for out of the public's pockets.

For all the people who are saying the lawsuit was BS, let me ask you one thing: Have you all personally viewed the evidence which allowed the court to make this decision, or the evidence which caused the U.S. Supreme Court to throw out McFarlane's appeal.

Do you think this lawsuit would be less frivolous if the situation happened to be that McFarlane created a character named Michaelino "Michael Jordan" Jordano?

Regardless of who it was, I'm guessing that adequate evidence was presented in order for the courts to rule in Twist's favor.

[The Shade]

The article also doesn't mention that McFarlane lost the rights to the Medieval Spawn and the Angela characters to Neil Gaiman, who had co-created them when he wrote the script for Spawn #8. Both characters had starred in various spinoffs series and mini-series. Neil Gaiman was looking for royalties for those characters and wasn't receiving them, so he sued and won. Yay Gaiman!

[the white drew carey]

The article also doesn't mention that McFarlane lost the rights to the Medieval Spawn and the Angela characters to Neil Gaiman, who had co-created them when he wrote the script for Spawn #8. Both characters had starred in various spinoffs series and mini-series. Neil Gaiman was looking for royalties for those characters and wasn't receiving them, so he sued and won. Yay Gaiman!

I wasn't aware of the that. Yay for Gaiman!

[Jolly Rogers]

The article also doesn't mention that McFarlane lost the rights to the Medieval Spawn and the Angela characters to Neil Gaiman, who had co-created them when he wrote the script for Spawn #8. Both characters had starred in various spinoffs series and mini-series. Neil Gaiman was looking for royalties for those characters and wasn't receiving them, so he sued and won. Yay Gaiman!

* Looks at the oversized Angela figure *

Cool! I'm keeping HER!

[yellowlightman]

As much as I think McFarlane is an assclown, the lawsuit does sound like BS.

Maybe it's just karma for ... ruining the word "toys."

WTF!? ruining toys? Todd McFarlene has contributed SOOOO much to modern toy making view its not funny! Todd McFarlene practically defined hi-detail sculpting....granted his toys arent the most posable, buts thats a whole different area of toys.

I won't deny that they're amazingly sculpted poseable statues, but they're not "toys." Every single Todd McFarlane toy I ever bought broke and was near unplayable with, and 10 years ago when I was young enough to care about stuff like that... it irked me.

[Cyclone]

Todd didn't help his position by publically admitting he did actually base it on the real guy...

[Feyd-Rautha]

todd's saving grace is kenada's bike...

where else can you get a iconic anime related machine for $6????

other than that..his stuff sucks..spawn sucks!

[Jemstone]

From what I understand of the case, this is a horrible decision.

Tell me about it. This is kind of crap is what allows people like Spike Lee to sue networks over a name.

[CoryHolmes]

From what I understand of the case, this is a horrible decision.

Tell me about it. This is kind of crap is what allows people like Spike Lee to sue networks over a name.

No, no. That's called, "ego".

[the white drew carey]

From what I understand of the case, this is a horrible decision.

Tell me about it. This is kind of crap is what allows people like Spike Lee to sue networks over a name.

Remember, though, Spike Lee lost that case.

[EXO]

From what I understand of the case, this is a horrible decision.

Tell me about it. This is kind of crap is what allows people like Spike Lee to sue networks over a name.

Remember, though, Spike Lee lost that case.

...but the fact that it even went to court and held up SpikeTV's launch date and costed them millions is beyond comprehension.

BTW, Spike Lee was instrumental in taking black cinema beyond what it was in the 80's and far beyond the blaxploitation fares in the 70's. So the fact that he's an egomaniacal tool doesn't mean he's talentless. He also discovered and rediscovered a lot of the talents we see regulary today.

[bsu legato]

All these lawsuits, and yet Rob Liefield is still a free man? I tell you, there's no justice in the world.

[the white drew carey]

From what I understand of the case, this is a horrible decision.

Tell me about it. This is kind of crap is what allows people like Spike Lee to sue networks over a name.

Remember, though, Spike Lee lost that case.

...but the fact that it even went to court and held up SpikeTV's launch date and costed them millions is beyond comprehension.

BTW, Spike Lee was instrumental in taking black cinema beyond what it was in the 80's and far beyond the blaxploitation fares in the 70's. So the fact that he's an egomaniacal tool doesn't mean he's talentless. He also discovered and rediscovered a lot of the talents we see regulary today.

But of course it went to court. From what I understood of the case, Spike Lee made no attempt to persuade TNN to NOT change their name to SpikeTV. He simply went to court and filed a lawsuit. Since no out of court solution was sought after by either side, TNN made the proper decision to wait until the matter was settled in court before changing their name.

Therefore, no out of court agreement means that, of course the matter went to court. Judges rarely, if ever, throw out even the most frivolous lawsuit without hearing the arguments and seeing some preliminary evidence. In fcat, IIRC, the Spike Lee vs. TNN matter was closed fairly quickly by legal standards.

Remember that non-criminal matters in court take time. This McFarlane vs. Twist matter has been going on for well over 4 years now.

[yellowlightman]

All these lawsuits, and yet Rob Liefield is still a free man? I tell you, there's no justice in the world.

If only we could sue for offensively bad artwork and questionable moral character.

But where does one draw the line between lawsuit and vigilante justice?

[JsARCLIGHT]

I might have a weird perspective on this but living in Saint Louis... the infamous home of the Blues, the bulk of Tony Twist's hockey career when all this started and the venue of the court case all I can say is this: Saint Louis is a hockey town. A white bread, po-dunk, buck-toothed, bud drinkin' hockey town. I remember seeing several news stories about the "Twist case" over the years it has been going on and for the most part the locals treat Tony Twist like some sort of Baron or Count of the land. All the dumb sh!t does is go out on the ice, hit a few people, earn his rep as a loudmouthed fighting bastard then retire to the lush life of hot-tub company commercials and making appearances at local clubs with radio stations. The guy is a grade A tool... yet all the hillbillies in this town adore the man. The local spin that was put on this whole thing was that poor old defenseless Tony was blind-sided by McFarlane, the nasty out of towner comic book geek, who used Tony's good name without his approval to name a violent, pigheaded, brutish villian in his kiddie picture books. Well that sert a' thang di'int play well in these here parts. My guess is not finding a jury that did not know Tony Twist, watch him play with the Blues or like the douche bag was about as easy as shooting dead fish taped to the end of your gun. All you have to do is look at the cases settled or taken to court in Saint Louis... "them dern outa towners" loose almost every case. Now I'm not saying that the gene pool here in the midwest is so polluted that they automatically award damages to any local boy bringing a case against out of town "big city coasters"... but let's just say that this little land-locked burg has a large chip on it's shoulder about those "outa towners" comin' in here and takin' our local boys for a ride.

Gee, can you see through my hate of this city to the point beneath?

What I am saying is this was a nothing case brought by a punk against a jerk, neither one really had super duper proof positive one way or the other. The whole thing was a cosmic coincidence that a local jury found in favor of the local boy on. If the venue would have been in McFarlane's town then chances are he would have won. This is a case of the kangaroo court bouncing higher than the bullsh!t.

Edited December 20, 2004 by JsARCLIGHT

[eugimon]

well, this is similar to why WWF had to change its name to WWE.. because the World Wildlife Fund that people would mistake the World Wrestling Federation for them and thus weaken their ability to save animals.

Actually, the World Wrestling Federation sued the World Wildlife Fund, because their acronyms were the same. Too bad none of their lawyers knew how to look up the fact that the World Wildlife Fund had been in operation for years before the World Wrestling Federation came to be - and so the WWE lost and is now called the WWE...

eh, kinda...

WWF and wildlife folks had an agreement that said that WWF wrestling would keep it's image moderately clean in return for being able to use the name. After WWF bought out WCW, they went dirty in a big hurry so WWF wildlife sued to make WWF stop using the name.

[Commander McBride]

It was a lawsuit. Civil suits don't have juries.

[JsARCLIGHT]

It was a lawsuit. Civil suits don't have juries.

Not sure where you are getting this from... I've served on the juries for two civil suits here in missouri since coming here. It's the dumbass juries that award these high dollar settlements.

[bandit29]

This lawsuit is BS but maybe it'll teach McFarlane to make toys that don't fall apart as soon as they are taken out of the package lol