Laser Lawsuit - Kirby´s dramatic move
by MarineBusiness-World.com on 18 May 2013
The now very messy dispute between the designer of the Laser dinghy Bruce Kirby and one of the Laser builders LaserPerformance (LP), the builder and supplier of Lasers into UK, Europe and North America, because of non-payment of design royalties could shortly reach a critical point with Bruce Kirby Inc. having now sought to immediately block LaserPerformance building Lasers.
2013 ISAF Sailing World Cup Hyeres - Laser Thom Touw © http://www.thomtouw.com
In the first legal move of many in early March 2013, Bruce Kirby, Inc., filed a complaint in the U.S. Federal Court District of Connecticut, alleging unlawful counterfeiting of the Kirby dinghy by LP principal Farzad Rastegar acting with and through LP and its associated entities.
The International Laser Class Association (ILCA) and ISAF have been named in the suit, with an allegation they assisted LP by continuing to supply ISAF plaques to the builder, after Kirby had given them formal notice to stop.
It seems that Kirby Inc. yesterday dramatically increased the pressure on LP, ISAF and the ILCA when they asked the US Federal Court in Connecticut to issue a prejudgment remedy against LP.
If this was to be granted as requested LP and its associates would be unable to build Lasers or have anyone else build them for them, while the Courts then could take their time hearing the case and likely determine the quantum of damages claims against all the defendants.
Full copies of yesterday´s Kirby Inc. filings are available at www.kirbytorch.com/news