Newton

Newton v. Thomason

Good Law
22 F.3d 1455
United States Court of Appeals for the Ninth CircuitApril 28, 1994Nos. 93-55002, 93-55376 and 93-55379California4,804 words

Opinion

Lead Opinion

Pregerson, J.

Opinion by Judge PREGERSON.

Wood Newton (“Newton”) appeals the district court’s summary judgment in favor of television producers Harry Thomason and Linda-Bloodworth Thomason, Burt Reynolds, and Mozark Productions, Inc. (collectively “Appellees”), in Newton’s misappropriation and unfair competition action. Newton alleges that the Appellees appropriated his name for a character in the television show “Evening Shade” in violation of the common law right of publicity, various state statutes, and the Lanham Act, 15 U.S.C. § 1125 (a). Newton and his attorney Michael Childress (“Childress”) together appeal the award of *1458 sanctions against Childress. Appellees cross-appeal the denial of their request for attorneys’ fees. We have jurisdiction over both the appeal and the cross-appeal under 28 U.S.C. § 1291 . On the appeal, we affirm in part, and reverse in part. On the cross-appeal, we reverse and remand in part.

BACKGROUND

Appellant Newton is a country music songwriter and performer. In . the country/western music industry, he is recognized by the name “Wood Newton.” The main character in the television series “Evening Shade” [hereinafter the TV Series], is also named ‘Wood…

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