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Ginko

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About Ginko

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  • Location
    Australia
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    Sailing

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  1. Any comments about Bruce Kirby’s moral rights to the Laser replica (flop moulding) that is built without his knowledge ?
  2. Dr Laser Perhaps the Turkish company Ulker could become an official sponsor and post their chewing gum branding ”Lazer” on the Kirby dinghy ? and host Lazer regattas via the International Lazer Class Association.
  3. If the Belgian boats were sold as Replica Lasers (with acknowledgement being made to copyright in the Trademark name Laser ~ using / acknowledgement of the word Laser multiple times) under a brand name say Torch or ILCA there would be no grounds for LPE to issue a claim for infringement. Why has this taken so long ?
  4. By what means / process does Rastegar access building IP (manual), to enable him to issue license of same ?
  5. Jim why is there no copyright in the hull shape ? to lift the hull lines (geometry) and sell the the lines plan - is a definite infringement in copyright !
  6. In brief : 1. Global Sailing own and control the IP material for copyright and design purposes in a Bruce Kirby production yacht design. 2. Rastegar / LPE owns and controls the IP for a logo (sunburst) and a trademark name (Laser) in specific territories. 3. The commercial consideration (payment of fees pursuant to a build specification IP) has not been paid by Rastegar / LPE on a number (?) yachts. Conclusion : An army of lawyers have a few more years work ahead.
  7. I don’t think PSA would have ever considered the above mentioned ILCA proposal ..... .... the Lalob ⛵️ the Gouvernail mentioned on Monday is has probably sitting in the wings !!
  8. Do you have an issue with Kirby (or is it PSA or GS) collecting a Royalty on their IP ?
  9. ILCA are so focused on the Olympic status and their organised events (sort of a monopoly) : to control the aforementioned may come at a massive commercial cost to themselves and see the LASER (hull and deck moulding) produced and advertised in the same way as LASER replica parts.
  10. Deepest pockets aside : the legal position over the past few years on DESIGNERS works is moving in favour / direction of Kirby. The contracts that deal with the design / engineering and construction of the Kirby designed dinghy (currently known as the Laser) are not the subject of patent or trademark law. In short : Ragestar will be whipping the cat that he did not purchase all rights of Kirby when possible, the Kiwis are currently in control of the AC and probably are still in control of the Laser.
  11. Rastegar may own the trademark IP to the use of the word “Laser” and “sunburst” logo within a specific territory / territories : hence the name change to ILCA to not infringe trademark IP. I am questioning as to how Rastegar currently has a legal right to the use of the original Authors work (Kirby’s IP - design, engineering, build manual, artistic work ....)
  12. How does Rastegar then state he has grounds to supply (as a matter of Law) into territories outside those held by PSA and PSJ ? The LPE “Club Laser” will probably become the Replica ILCA going into all Territories, with rebranding in Laser territories held by PSA and PSJ.
  13. Does anyone know who (or entity) controls / grants the licenses that relate to the building (fabrication / construction) of the Laser ?
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