Item from the morning mail:
As Tiger Woods was enjoying a weekend win in Virginia as a member of
the President's Cup team, he notched a different kind of victory off
the golf course, in an ongoing legal contest against a Canadian
ship-builder.
On Friday, a federal judge in Miami ruled that a rights-of-publicity
lawsuit brought by Woods in 2004 against Vancouver-based Christensen
Shipyards, Ltd. will proceed in U.S. District Court for the Southern
District of Florida.
The lawsuit stems from Christensen's unauthorized use of Woods' name
and photographs of a boat built by the company for the golfer. See
below for more details. Woods is represented in this suit by
Washington-based law firm Venable LLP.
Allan Ripp 212-721-7468
Lauren Kende 212-721-3495
VENABLE LLP
Contact: Allan Ripp 212-721-7468
Sarah Gudsnuk 202-344-8523
Tiger Woods Wins Important Victory Against Christensen Shipyard, Ltd.
Vancouver boat builder remains preliminarily enjoined from use of
golfer's name or photographs of his boat; Rights-of- Publicity case
brought by Woods stays in Florida
__________________________________________________ _________________________________________________
MIAMI/WASHINGTON, DC (September 26, 2005) - A federal court in Miami
has ruled that golfer Tiger Woods' lawsuit against Christensen
Shipyards, Ltd. will proceed in the U.S. District Court for the
Southern District of Florida and that an order enjoining Christensen
from the unauthorized use of Woods' name or photographs of his boat
will remain in place.
Mr. Woods filed his rights-of-publicity suit against Christensen last
October in the U.S. District Court for the Southern District of
Florida. The suit alleges that the luxury yacht manufacturer, based in
Vancouver, improperly used Mr. Woods' name, his wife's name, and
photographs of a yacht built for Woods in connection with the
advertising and marketing of Christensen's products. Mr. Woods also
seeks injunctive relief from Christensen.
After a November 8, 2004 hearing, Chief Judge Howard J. Zloch entered a
consent preliminary injunction prohibiting Christensen from improperly
using Woods' name and photographs of the yacht to promote and
advertise the company.
On December 8, 2004, Christensen filed a motion asking the Court to
dissolve the preliminary injunction and dismiss the case under a
"forum selection clause" in the yacht contract opting for
Washington State Court to resolve certain disputes. Ms. Woods is not a
party to the yacht contract and is not bound by the "forum selection
clause."
On September 23, 2005, after extensive briefing on the issues, Judge
Zloch denied Christensen's request and held that "the result of
enforcement of the forum selection clause would be parallel proceedings
in different forums on the same set of facts and legal issues...The
Court finds that enforcement...would lead to...unreasonable and,
arguably, unjust results..." In other words, enforcement of the
clause would result in the unreasonable situation of requiring Woods to
sue in Washington while his wife's case would proceed in Florida.
The Woods' attorney, J. Douglas Baldridge of Washington, D.C.-based
Venable LLP, stated: "We firmly believe that the evidence will show
Christensen violated and exploited the Woods' valuable rights for the
company's own commercial gain. We are pleased with today's
well-reasoned ruling and look forward to presenting the merits of this
case in Florida where the Woods reside."
The case will remain in Florida and the preliminary injunction against
Christensen remains in tact.
Please let us know if you would like a copy of Judge Zloch's latest
ruling or would like to speak with Mr. Baldridge.
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