Appeal upholds $15 million judgment for Twist

A comic book used the name of the former Blues player without his permission.

ST. LOUIS -- A Missouri appeals court has upheld a $15 million jury verdict against a comic strip creator for using the name of former NHL enforcer Tony Twist without his permission.

In a 3-0 opinion, a three-judge panel of the Eastern District court ruled Tuesday that the comic book creator's "predominant purpose" for using the name was commercial gain, not artistic expression, and therefore was not entitled to First Amendment protection.

Michael Kahn, one of the attorneys for comic book creator Todd McFarlane, said the long First Amendment battle is not over.

"We'll seek review of this opinion by the Missouri Supreme Court, and if necessary, the U.S. Supreme Court," he said.

Twist, who played for the St. Louis Blues and Quebec Nordiques, won $15 million from McFarlane, creator of the comic series Spawn, and his company, Todd McFarlane Productions Inc., after a St. Louis jury trial in 2004.

Twist had charged in a 1997 lawsuit that use of his name in the comic strip had hurt his public image and precluded any future career as a product promoter.

Canucks hire Vigneault

VANCOUVER, British Columbia -- Alain Vigneault knew he wanted to coach the Vancouver Canucks almost a year ago after hearing a restaurant full of boisterous fans.

Vigneault will get that chance next season after the Canucks hired him Tuesday, promoting the 45-year-old Montreal coach from their minor league affiliate.

The opportunity existed because Marc Crawford was fired in April. Crawford has since been hired to coach the Los Angeles Kings.

Cap to rise $5 million

RALEIGH, N.C. -- The NHL salary cap will be about $44 million next season, an increase of $5 million per team, after league revenues were higher than expected in the first year following the season-long lockout.

NHL commissioner Gary Bettman and players' association executive director Ted Saskin met Monday in New York and set the upper level of the cap at approximately $44 million with the minimum rising to about $28 million, according to two people with knowledge of the meeting who declined to be identified because the final figures have not been released.

-- The Associated Press