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Circle 284 on Reader Service Card October 2005 21 Tiger Woods Sues Yacht Builder A federal court in Miami 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. 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, improp- erly used 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. 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 enforce- ment…would lead to…unreasonable and, arguably, unjust results…" In other words, enforcement of the clause would result in the unreasonable sit- uation 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, said "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 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. Megayachts Although the end of 2003 saw the demise of the U.K.'s Appledore Shipbuilders, the former com- pany's main asset, the fully-enclosed yard in north Devon has been put to use in a new field. Following the lease of the shipyard by the DML Group, which runs Devonport Royal Dockyard, Appledore has entered a new era of industrial activity as a production point for the emerging generation of megayachts. The move has enabled DML's Devonport Yachts division to strengthen its capacity and market reach in the upper eche- lons of the global large yacht business. Devonport Yachts' current orderbook includes three superyacht newbuilds, comprising vessels of 164, 253 and 262.5 ft. (50, 77 and 80 m), the last of which is taking first form at Appledore. Appledore offers the capability for construction of vessels up to around 426.5 ft. (130-m) in length. The first 262.5 ft. (80 m) superyacht con- tracted from Devonport by an unidentified owner was laid down at in February this year. The steel hull is expected to be ready for transfer to Devonport towards the end of 2005, to be mated with the aluminum superstructure and for subse- quent outfitting. Dubbed Project 54, the newbuild is claimed to be the largest yacht ordered in the UK since the royal yacht Britannia, now decom- missioned. — David Tinsley New Megayachts from Appledore Facility The steel hull of the 253-ft. (77 m) megayacht Lana was constructed in Appledore's enclosed building dock under contract to Devonport. MR OCTOBER 2005 #3 (17-24).qxd 9/29/2005 7:36 AM Page 21
