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Tiger Woods' IP Claims Stuck in the Sand Trap
First Amendment theory triumphed over celebrity right of publicity and trademark rights this past summer. The Sixth Circuit Court of Appeals upheld a dismissal of Tiger Woods' damages claims for use of his likeness in limited edition prints of a painting titled “The Masters of Augusta.” ETW Corporation v. Jireh Publishing, Inc., 332 F.3d 915 (6th Cir. 2003).
The painting commemorated Woods' victory at the Masters Tournament in Augusta, Georgia in 1997. It was a panoramic collage of three different views of Woods playing golf and images of caddies and famous golfers watching Woods. The artist, Rick Rush, was already well known for his artwork of famous sports figures. This particular work also bore the legend “Painting America Through Sports.” Limited edition prints of the painting, published by Jireh Publishing, Inc. (“Jireh”), bore the artist's signature and name in block print as well as the title of the work.
Jireh distributed the limited edition prints in white envelopes that included literature about the artist. Each envelope prominently displayed Rush's name on the front with the legend “Painting America Through Sports.” Tiger Woods' name appeared only under the back flap of the envelope and two times in 28 lines of narrative description about the painting. That text also referred to the other famous golfers and the two caddies depicted in the painting.
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