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Flyby

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About Flyby

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  1. I pulled the 280 document down from PACER but don't see how to attach it here. All motions for summary judgement (180, 184, 183, 186) and the motion to dismiss (174) are under being taken under advisement. Looks like the hearing was 2 hours and 17 minutes.
  2. The price of charter boats for the Laser Worlds doubled, foils don't come with the charter (a first?) and the Standard Men can now bring their own foils (another first?). Welcome to the future of Laser sailing. I suppose it's one way to help defray LP and ILCA's legal costs? Bend over class members, here it comes. 2015 Laser Standard Men – World Championship Monday 29 June 2015 - Wednesday 8 July 2015 Charter Boats This is a supplied boat, mandatory charter regatta. Charter boats will be supplied by LaserPerformance. The boats will be 2015 Laser XD models, supplied on a launch
  3. Kirby filed two trademark cancellation proceedings. The one for the boat, sails, etc. was withdrawn because some agreement prevented him from ever contesting the trademark. However, the one for running regattas is still pending with Kirby claiming this one is outside of the agreement that prevents him from contesting it. Does PSA have a Laser trademark that covers running regattas or do they just have one for hulls, sails, etc.? In the cancellation proceedings Rastegar's company, Velum, is claiming that ILCA is its licensee and therefore ILCA's use of the name is evidence of Velum's cl
  4. Where's the flaw in this logic: Rastegar loses, he bankrupts LP and LPE and terminates their license to use the Laser name, then he opens up a new business that isn't a party to any contracts, buys the dirt cheap assets from the bankrupt companies, licenses the Laser name to the new companies and ILCA does whatever he wants because he still has the coveted Laser trademark. Since he has the Laser trademark for boats and running regattas, he decides to threaten ILCA with legal action to stop them from running regattas unless they now terminate PSA as a builder and since he's already secu
  5. Gouv ... substitute the word trademark where you've used the word copyright. Then you're making some of the same arguments as Kirby's attorneys in their two actions to cancel the Laser trademark in the US.
  6. Don't Crane and Kirby sail out of the same club? That's got to be weird.
  7. The ILCA-NA is so well run that they've forfeited their charter: Entity Name: INTERNATIONAL LASER CLASS ASSOCIATION NORTH AMERICAN REGION, INC. Entity Number: C2587492 Date Filed: 01/12/2005 Status: FTB FORFEITED Jurisdiction: MARYLAND Entity Address: 2812 CANON ST Entity City, State, Zip: SAN DIEGO CA 92106 Agent for Service of Process: SHERYL CAMPBELL Agent Address: 2812 CANON ST Agent City, State, Zip: SAN DIEGO CA 92106 Which according to https://www.ftb.ca.gov/businesses/faq/728.shtml this means: Suspension or forfeiture affects a business in many ways: The busin
  8. I find Church street in Falmouth, Cornwall, UK and 53rd Street in Austin, Texas, USA.
  9. You can search for registered UK companies at Companies House. ILCA isn't registered in the UK: http://wck2.companieshouse.gov.uk//wcframe?name=accessCompanyInfo Further evidence that ILCA is an unregistered association is that an unregistered association can't hold property in its name. A search of the Land Registry for the ILCA's Cornwall office shows it to be leased to Jeffrey Charles Martin (not the ILCA). The lease was signed 3-23-04 and was for a 9 year term running from January 2004. Which means the lease has expired but the Land Registry hasn't yet been updated with the new Less
  10. Fairly sure that the ILCA is an unincorporated association, though I suspect SimonN would be better than me to advise. It has me wondering as there are legal limits to this form of entity in the UK, for example, an unincorporated association can't own property, borrow money or enter into contracts in its own name. As the ILCA has entered into contracts under its own name, then it may have some other form of legal status. Or... Just a thought. If the ILCA is an unincorporated association, and it has entered into contracts in breach of UK law, and if any person who was signatory to such
  11. ILCA patent on "Sail" - http://www.google.com/patents/USD664493
  12. Don't know the status of Kirby v Rastegar but this was certainly enlightening about what goes on behind the doors of Maclaren: http://www.glassdoor.com/Reviews/Maclaren-Reviews-E331141 Sounds like all things things Rastegar are quite unstable. ILCA and ISAF might have put their money on the wrong horse. Seems like even if Rastegar wins, anyone relying on him loses. Kirby and PSA might only need to sit back, watch the show and pick up the pieces as they fall.
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