Maybe, but do you really think LPE will just walk away? I suspect this will spend a long time in various courts.
I seems that the breach is only in relation to inspections, so no claim that the boats are not class legal. No doubt there is a lot to argue about when and how often such inspections...
There's a bit to unpack there. It infers that World Sailing (WS) has contracts with Olympic Class associations and with manufacturers of equipment for Olympic Classes. Presumably the contracts are only in regard to supply of equipment for WS events.
As far as I'm aware (which isn't saying much...
Why does the geographic location of where the boats are built matter? Surely it only matters that they are built to the required specification and sold in the regions that the builder is licensed to sell in?
That is just a cheap shot.
If the parties were to settle this out of court then lawyers would not make a cent, or at worst very little. Lawyers act entirely on their client's instructions, if the client wishes to pursue legal proceedings then that is their choice and their money to spend. It...
Yes, they're a business and want to get paid.
In my experience, lawyers really don't care whether they win or lose a case like this. Their reputation is judged by their peers and is based on how well they argue their client's case and the value of the advice they provide, not a win/loss/draw...
Simon, I don't think the contract prohibiting LP from building Lasers (or similar, perhaps identical, boats) is practically enforceable anyway, regardless of its status in law.
I don't see how the "non–Laser" market is attractive, Rastegar can supply that market with non–plaque boats through LP...
That LP didn't have to spend a fortune on lawyers to do that.
That if LP try to screw over the ILCA then ISAF can chose another dinghy for the Olympics, the ILCA can chose a different name (and maybe the identical boat, BK was ahead of them there) and LP are left with a worthless asset.
Which...
I don't think the Laser class if fucked yet. Certainly the model that has been so successful to date is gone, regardless of the outcome of the court case. It will be interesting to see if a viable model can emerge from the ashes.
If not, then the class will slide into slow decline. The choice...
Dunno which dictionary you use, this one reckons it's derived from facetiae, meaning amusing or witty. Not much of what has been written here meets that criterion.
Except the Brittany Spears bit.
Seems weird that the ILCA will not release the results. There's no need to identify individual boats, just present the stats. Anyone can do what Gouvernail has done (and likely is done with other fleets on an informal basis) and make the results public.
Are they presuming that the results will...
Ok, so put up a model and see if you can get someone to stand for a committee position using it as a platform.
I have no idea how the association can extricate it self from whatever contractual obligations it has, but surely there has been ample time (several years) to work on it, and at least...
It seems to me that exclusive use is unenforceable, even if it has legal standing. It also seems that the secrecy of the manual is only protected by contracts requiring those who have one to not release it. So if a copy was to make its way into the public domain, anyone with appropriate skill...
So it would seem that the tooling provisions in the contracts are there to protect the builder's investment in them in the event that the builder's contract is cancelled, not to enforce exclusive use.
The ILCA/ISAF/IYRU are fundamental to enforcing the builder monopoly within trademark regions...
Weird that some argue so passionately that the ILCA should have no part in commercial agreements, yet their actions provide monopolies to certain businesses.
I'm not saying they should or shouldn't, only pointing out that they do.
Still waiting for an answer on the tooling question. Went back...
Given that it's the specification for a Laser, I think it's very important and "all parties" seem to think so too. I don't understand the need for confidentiality as I don't see that it serves any useful purpose. If the manual is made public, does that change anything? It's the permission to use...
I asked about who controls the manual (i.e. who can say who can and can't use it) as it's one of the keys to building a class legal boat (ignoring the Laser trademark). I had thought Kirby had control, however IPLore seems to think it's now controlled by the ILCA. If so, that's an important part...
I'm aware that the manual doesn't form any part of the current dispute, but that doesn't make it irrelevant in the scheme of things.
Regardless of the mechanism (contract or IP), Kirby has a say in who can use the manual so if the contract with LP is not upheld by the court (and LP seem to...