Please select your home edition
Edition
Bakewell-White Yacht Design

Laser Legal tangles continue

by Rob Kothe and the Sail-World Team on 24 Apr 2013
Sail-World.com /AUS © http://www.sail-world.com
ISAF and ILCA have been named as co-defendants in the legal proceedings filed in the US District Court by attorneys acting for Laser designer Bruce Kirby, over a dispute caused by Laser Performance Europe (LPE) refusing to pay design royalties.

Previously ISAF had recognised that LPE were no longer licensed Laser builders and had stopped the issuance of plaques by ILCA. (that came from the publicly released letter from ISAF's lawyers.).

Major developments in the last few days with ISAF changing tack and now in conjunction with ILCA moving boldly to remove Bruce Kirby´s design rights.(full statements below in separate stories).

However the collateral damages appear to be mounting. It seems there have been unintended consequences of the ISAF-ILCA action, is that the two Asia-Pacific Laser builders, Performance Sailcraft Australia (PSA) and Performance Sailcraft Japan (PSJ) have been caught in the crossfire.

The latest advice is that existing Laser builders (that would mean PSA and PSJ) who supply Lasers with the proposed new ISAF (non Kirby) plaques will be dragged into the American courts too.

One wonders if they will be seeking indemnification from the deep pockets of ISAF before building new Lasers?

One wonders how this will all play out. It does seem pretty certain that this will be played out in a protracted and messy fashion in the US court system and the losers will be sailors and winners lawyers.

Here is Bruce Kirby´s latest comment - 'The ISAF announcement confirms what we feared.

'It would appear ISAF has been complicit all along in the efforts of Laser Performance and ILCA to steal the Kirby Sailboat design by refusing to pay royalties, issuing plaques to terminated builders, and now using a flimsy pretext to the alter the Laser class rules and purport to allow builders to make the Kirby Sailboat without Bruce Kirby's authorization.

'The only path forward that does not require a Court Order is the Kirby Torch. We remain available to negotiate with ISAF and/or ILCA if either or both of them is willing to meet.'
InSunSport - NZBarz Optics - San Juan Worlds Best EyewearStorm Force Marine 4

Related Articles

Rio 2016 - The Qualification Games - Part 2
Yachting NZ's refusal to nominate in three classes won in the first round of 2016 Olympic Qualification is unprecedented Yachting New Zealand's refusal to nominate in three classes won in the first round of 2016 Olympic Qualification is without precedent. Subject to Appeal, the Kiwis have signaled that they will reject 30% of the positions gained in the ISAF World Sailing Championships in Santander in 2014.
Posted on 22 May
Gladwell's Line - World Sailing changes tack after IOC windshift
Over the past year, we've given the International Sailing Federation (now re-badged as World Sailing) a bit of stick Over the past year, we've given the International Sailing Federation (now re-badged as World Sailing) a bit of stick. Every blow well earned over issues such as the pollution at Rio, the Israeli exclusion abomination plus a few more. But now World Sailing is getting it right.
Posted on 21 May
Rio 2016 - The Qualification Games - Part 1
Antipodean selection shenanigans aside, the Qualification system for the Rio Olympics appears to be achieving its goals Antipodean selection shenanigans aside, the Qualification system for the Rio Olympics appears to be achieving goals set in the Olympic Commission report of 2010. Around 64 countries are expected to be represented in Rio de Janeiro in August. That is a slight increase on Qingdao and Weymouth, but more importantly a full regional qualification system is now in place
Posted on 19 May
Taming the beast-a conversation with Stuart Meurer of Parker Hannifin
While AC72 cats were fast, they difficult to control, so Oracle partnered with Parker Hannifin to innovate a better way. If you watched videos of the AC72s racing in the 34th America’s Cup (2013), you’re familiar with the mind-boggling speeds that are possible when wingsail-powered catamarans switch from displacement sailing to foiling mode. While foiling is fast, there’s no disguising the platform’s inherent instability. Now, Oracle Team USA has teamed up with Parker Hannifin to innovate a better way.
Posted on 18 May
From foiling Moths to Olympic starting lines-a Q&A with Bora Gulari
Bora Gulari’s is representing the USA at the Rio 2016 Olympics in the Nacra 17 class, along with teammate Louisa Chafee. Bora Gulari (USA) has made a strong name for himself within high-performance sailing circles, with wins at the 2009 and 2013 Moth Worlds. In between, he broke the 30-knort barrier and was the 2009 US SAILING Rolex Yachtsman of the Year. His latest challenge is representing the USA at the Rio 2016 Olympics in the Nacra 17 class as skipper, along with his teammate Louisa Chafee.
Posted on 12 May
Concern for Zika at Rio Olympics is now deadly serious
Alphabet soup is one description that has thus far not been used for either Guanabara Bay, Alphabet soup is one description that has thus far not been used for either Guanabara Bay, or the Rio Olympics. Many others have, and they were apt, but things have changed. So here now we have a situation where one man, Associate Professor Amir Attaran, who does have a more than decent string of letters after his name, is bringing nearly as many facts to bear as references at the article's end
Posted on 12 May
The importance of being Alive
Since buying the stunningly pretty Reichel-Pugh canting keel 66-footer, and re-naming her Alive, Since buying the stunningly pretty Reichel-Pugh canting keel 66-footer, and re-naming her Alive, the team have lined up for a lot of things, won plenty and nabbed a record, as well. She’s presently in a yard in the Philippines having a minor refit in readiness for the Australian season. It will commence with the upcoming Brisbane to Keppel and then head sharply into this year’s Hobart.
Posted on 10 May
Zhik - The brand born of a notion, not its history
here is probably every reason that ocean rhymes with notion. Zhik’s tagline is officially marketed as Made For Water There is probably every reason that ocean rhymes with notion. Zhik’s tagline has been officially marketed as Made For Water, and this is precisely what the company has done for the last eight years before the succinct and apt strapline came from out of R&D and into mainstream visibility.
Posted on 8 May
Shape of next Volvo Ocean Race revealed at Southern Spars - Part 1
Southern Spars has been confirmed as the supplier of spars for the 2017-18 Volvo Ocean Race. In mid-April, Race Director, Jack Lloyd and Stopover Manager Richard Mason outlined the changes expected for the 40,000nm Race during a tour of Southern Spars 10,000sq metre specialist spar construction facility. A total of up to seven boats is expected to enter, but time is running out for the construction of any new boats.
Posted on 3 May
Sailing in the Olympics beyond 2016 - A double Olympic medalist's view
Bruce Kendall takes a look at what he believes Sailing needs to do to survive beyond the 2016 Olympics. Gold and Bronze medalist and multiple world boardsailing/windsurfer champion, Bruce Kendall takes a look at what he believes Sailing needs to do to survive beyond the 2016 Olympics. A key driver is the signalled intention by the International Olympic Committee to select a basket of events that will be contested.
Posted on 29 Apr