Knievel

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

EVEL KNIEVEL; KRYSTAL KNIEVEL, 

Plaintiffs-Appellants, No. 02-36120 v.  D.C. No.

CV 01-069 DWM

ESPN, a subsidiary of Walt Disney, Inc., OPINION Defendant-Appellee.  Appeal from the United States District Court for the District of Montana Donald W. Molloy, District Judge, Presiding

Argued and Submitted May 5, 2004—Seattle, Washington

Filed January 4, 2005

Before: A. Wallace Tashima, Richard A. Paez, and Carlos T. Bea, Circuit Judges.

Opinion by Judge Tashima; Dissent by Judge Bea

27 KNIEVEL v. ESPN

COUNSEL

Wade J. Dahood, Knight, Dahood, Everett & Sievers, Ana- conda, Montana, for the plaintiffs-appellants.

Nathan Siegel, ABC, Inc., Washington, D.C., for the defendant-appellee.

OPINION

TASHIMA, Circuit Judge:

Famed motorcycle stuntman Evel Knievel and his wife Krystal were photographed when they attended ESPN’s Action Sports and Music Awards in 2001. The photograph depicted Evel, who was wearing a motorcycle jacket and rose- tinted sunglasses, with his right arm around Krystal and his left arm around another young woman.…