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ETW Corporation v. Jireh Publishing, Inc.

United States Court of Appeals for the Sixth Circuit
332 F.3d 915 (2003)


Facts

Rick Rush created a painting entitled “The Masters of Augusta” which commemorated golfer Tiger Woods’ victory at the 1997 Masters Tournament. The painting depicted several scenes of Woods from the tournament, along with background images of other famous golfers from the past looking down on Woods. ETW Corporation (ETW) (plaintiff), which represented Woods brought suit alleging trademark infringement, dilution, unfair competition, false advertising and violation of the right to publicity under Ohio law against Jireh Publishing, Inc. (Jireh) (defendant), publisher of the artwork created by Rush. The district court granted Jireh’s motion for summary judgment and ETW appealed.

Rule of Law

Issue

Holding and Reasoning (Graham, J.)

Dissent (Clay, J.)

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