Federal judge throws out Tiger Woods' lawsuit against Alabama artist

The Associated Press

04.14.00

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CLEVELAND — A federal judge has dismissed a lawsuit filed by Tiger Woods against an Alabama artist who sold copies of a painting of the golfer.

The suit accused Rick Rush of unfairly profiting from Woods' fame by selling prints of a painting he did featuring the golfer's first Masters tournament victory.

U.S. District Judge Patricia Gaughan ruled on April 12 that trademark or property-rights laws do not protect Woods' image, and that the First Amendment allows the Tuscaloosa artist not only to paint Woods but also to profit from copies of the artwork.

Timothy Fraelich, Woods' attorney, said yesterday he might appeal.

"People shouldn't have the right to make money on someone's image without compensating them," he said.

Rush's attorney, Dennis Niermann, said the ruling "sends a message to athletes that they can't consider themselves, their images, walking trademarks."