Tony Twist was a professional hockey player with the Quebec Nordiques and the St Louis Blues. During his career, he was known as an enforcer-while playing in the NHL for a decade, he amassed only 10 goals, but over 1100 minutes in penalties. Todd McFarlane is the publisher of a number of comic books. One of those publications, Spawn, features a vicious gangster named Antonio Twistelli, who also goes by the nickname of "Tony Twist." The real Tony Twist's mother became very upset when she discovered that such a character shared her son's name. She was worried that Spawn would lead people to think badly of her boy. McFarlane insists that he did not base his comic book villain on any real person and argues that if he wanted to borrow a hockey player's name, he would have called the gangster Wayneatelli Gretzkytello. Can the real-life Tony Twist successfully sue McFarlane for defamation? What test would a court apply in these circumstances?