A federal judge in Cleveland yesterday "tossed out" a
lawsuit in which Tiger Woods' ETW Corp. "accused" AL artist
Rick Rush of "improperly cashing in on Woods' fame by
selling limited-edition prints" of his '97 Masters victory,
according to Amanda Garrett of the Cleveland PLAIN DEALER.
The case, which was "watched closely by celebrities and
their attorneys, boiled down to a star's property rights in
his image vs. an artist's freedom of expression to reproduce
that image." Garrett writes that "freedom of expression
won." U.S. District Judge Patricia Gaughan ruled that
Woods' image "was not protected by trademark or property-
rights laws" and that the First Amendment "allows" Rush "to
not only paint Woods' image but to profit from copies of the
artwork." Gaughan wrote, "The fact that [the art] is sold
is irrelevant to the determination of whether it receives
First Amendment protection." Woods' attorney, Timothy
Fraelich, "declined to comment ... on the ruling or the
possibility of an appeal." Fraelich: "It's safe to say
celebrities have the right to control their name and image
for commercial purposes. People shouldn't have the right to
make money on someone's image without compensating them."
The suit was filed in Cleveland because ETW Corp. is based
in the offices of Woods' agent, IMG (PLAIN DEALER, 4/13).
