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ETW Corporation v. Jireh Publishing, Inc.
United States Court of Appeals for the Sixth Circuit
332 F. 3d 915 (2003)
Rick Rush created a painting entitled “The Masters of Augusta” that commemorated golfer Tiger Woods’s 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. Additional materials included Woods’s name under the flap of the envelopes which contained the prints and in a narrative description of the print. 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
Holding and Reasoning (Graham, J.)
Dissent (Clay, J.)
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