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HOCKEY

Comic-book caper goes back to court with a Twist

Headshot of Allan Maki

Tony Twist is fighting for his name, which was always one of the best in the National Hockey League.

You didn't have to know a thing about Twist to have a pretty good idea what his role was. If someone asked, "Did you see what the Twister did last game?" you automatically would think the Twister sounded something like the Crusher or the Bruiser, which meant Twist was not a natural scorer -- at least not with a hockey stick in his hands. He was a brawler and a scrapper, and he did it well enough to rank as one of the most feared players in the NHL.

These days, the name Tony Twist is back in the news for a fight that's now into its seventh year and destined to go longer unless someone backs off, which isn't likely.

Twist doesn't want to quit. Would you like it if someone used your name in a comic book without asking? What if they gave it to a vile, homicidal maniac? You'd want to know what's next, right? You'd want to know whether someone could rewrite your life story and make you out to be the guy who kidnapped the Lindberg baby.

Todd McFarlane doesn't want to quit, either. He's the other combatant in this Canadian versus Canadian quasi-hockey tale. McFarlane is a part owner of the Edmonton Oilers and the creator of Spawn, the comic book, television show and endless line of merchandise that includes Antonio (Tony Twist) Twistelli, the baddest of bad guys. (Someone you wouldn't want to cross if you had Tie Domi covering your back.) Twist and McFarlane have been at each other since 1997, when Twist realized he'd been re-created in ink as a murderous goon and promptly sued. A jury in St. Louis, Mo., where Twist played his final NHL game with the Blues, awarded Twist $24.5-million (U.S.) in damages.

McFarlane blocked Twist's haymaker with a St. Louis circuit court judge who overturned the jury's decision. Then McFarlane landed a solid blow when a Missouri appeals court said the comic book could indeed use Twist's name as a matter of free speech.

Twist countered with a hard shot of his own when the Missouri Supreme Court ordered a new trial. The wily McFarlane, who admitted he's a hockey fan and used Twist's name on purpose, appealed to the U.S. Supreme Court and offered up a slew of Hollywood supporters, including author Michael Crichton, Seinfeld co-creator Larry David and Harry Shearer, an actor who does voices on The Simpsons. They urged the court to clarify free-speech protection for artists who use the names of famous people in their works.

The U.S. Supreme Court reviewed the situation, then rejected the appeal yesterday, a move that is expected to send this entire mess back to round 1 and a second trial. And you thought the Columbus Blue Jackets and Minnesota Wild have been feuding for a while.

Twist wasn't talking about yesterday's developments. Neither was the voice on the other end of his cellphone.

"I'm answering the phone for him because he's being besieged with calls," said the voice, which sounded similar to the one that asks you to leave a name and number when you reach the recording on Twist's St. Louis cellphone. "You're going to have to talk to his lawyer."

There's only one question worth asking Twist, who claims that having his name associated with a comic book cad has cost him endorsements. If that is the case and Twist is indeed worried about his image, then why be one of the first to sign up for the Battle of the Hockey Gladiators? In case you haven't heard, Hockey Gladiators is a plan to have as many as 50 hockey players square up (at an entry fee of $250) and fight until one man emerges the winner. There'll be no sticks, gloves or helmets. Just bare knuckles and an evening's worth of blood letting.

The event was originally set for the Labour Day weekend in Grand Forks, N.D., until the local officials refused to grant a licence. Although organizers have yet to find a new venue, they do have 10 confirmed fighters, the most recognizable being Sasha (the Masher) Lakovic, former Toronto Maple Leafs enforcer Kurt Walker and Twist, who must believe he can still throw 'em at age 35.

It's only a sports columnist's suggestion, but if Twist wants to embellish his good name, he should continue with his Iron Horse motorcycle tour that raises money for kids and head injuries. What he shouldn't do is indulge in hockey muggings for money. Somehow that doesn't send the right message.

It's what you'd expect from a comic book character, and some of them are downright nasty.

amaki@globeandmail.ca

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