subject – Business Law
1. China is a signatory country to the Madrid Protocol on the international registration of trademarks. Stag- bucks opened its first cafe in China in 1999 and has added outlets in numerous locations including Shanghai and at the Great Wall and the imperial palace in Beijing Xingbake Cafe Cobr. Lid. has imitated the designs of Starbucks’ cafes in its business coffee caft locations in Shanghai. Ximg (pronounced "Shing") means star, and bake, og "bak kuh" is pro- nounced like "bucks." Does the Seattle, Washington, Starbucks Corporation have standing to bring suit in China against Xingbake Cafe Corr. Lid? If so, on what theory? Decide.
2. Christensen Shipyards built aа 155-foot yacht for Tiger Woods at its Vancouver, Washington, facili- ties. 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 publicty 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 Amend- ment right to present the truthful facts regarding its 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 his permission?
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