Newton
Newton v. Thomason
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…