Tabberone is pronounced tab ber won not tay ber own

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ETW v Jireh Publishing, 76 F.3d 743 (6th Cir. 1996) PLAINTIFF: ETW Corporation is the licensing agent of Eldrick "Tiger" Woods, one of the world's most famous professional golfers. DEFENDANT : Jireh Publishing, Inc. of Tuscaloosa, Alabama, is the publisher of artwork created by Rick Rush. ETW filed suit against Jireh on June 26, 1998, in the United States District Court for the Northern District of Ohio. Jireh counterclaimed, seeking a declaratory judgment that Rush's art prints are protected by the First Amendment and do not violate the Lanham Act. The district court granted Jireh's motion for summary judgment and dismissed the case The use of the name "Tiger Woods" was fair use to describe the content of the print. A person is not a trademark. There was no particular image of Woods that was consistently used as a trademark. Woods himself is not a "walking, talking trademark." Likelihood of confusion test does not apply to works of artistic expression, because First Amendment concerns outweigh public interest in avoiding confusion as to endorsement or sponsorship. The right of publicity was not violated because the work has substantial informational and creative content, and is transformative. Court of Appeals affirmed the lower court decision.