Promotional materials for the shipyard

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Christensen Shipyards built a 155-foot yacht for Tiger Woods at its Vancouver, Washington facilities. It used Tiger's name and photographs relating to the building of the yacht in promotional materials for the shipyard without seeking his permission. Was this a right of publicity tort because Tiger could assert that his name and photos were used to attract attention to the shipyard to obtain commercial advantage? Did the shipyard have a First Amendment right to present the truthful facts regarding their building of the yacht and the owner;s identity as promotional materials? Does the fact that the yacht was named Privacy have an impact on this case? Would it make a difference as to the outcome of this case if the contract for building the yacht had a clause prohibiting the use of Tiger's name or photo without permission?

Reference no: EM131086233

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