That is correct. The power vested in BKI to veto LP as a builder did not reside in a contract, it resided in the class rules. When GS bought BKI, the class rules required that boats were built by a builder that had both (1) A contract with the trademark owner for the region and (2) A contract...
The lawyers got lots of money from LP and PSA but not much from ILCA. You will recall that ILCA filed a motion for summary dismissal which was granted.
Correct. It was almost inevitable like water flowing downhill. But the law suits and terminated contracts, created a void where ILCA could just step in with minimal legal expenses.
A company called BKI received a contractual payment on each Laser sold.
He sold the company called BKI to Global Sailing for $2 million.
Global Sailing way overpaid for the income stream, but they were not paying for the income stream. They were buying the right to veto manufacturers so that...
The Council has given themselves power to add whoever they choose as an additional voting representatives to Council from whichever region they choose. In the right hands, it is not a problem. In the wrong hands....if they don't like what Europe is saying, they can pick additional voting members...
In this thread , over a hundred pages earlier, a long time ago, in a galaxy far, far away Obi Wan @Gouvernail (OWG) wrote some wise words.
He described how players get together to play a game, and the game is fun, so more players want to play on this aquatic playground with this laser-like toy...
There are no designer royalties on the Laser or ILCA.
We previously beat that horse to death. Any designer copyright expired decades ago. There are only contracts.
I have reached an age where I barely understand what I have written, 1 hour after writing.
I think that your Laser like dinghy with an ISAF plaque is both an ILCA dinghy and a Laser dinghy and can be advertised and sold as such.....but sitting in your garage is not an "activity" governed by the...
You could drive a truck thru some of the weak checks and balances in this constitution. However first, a response to a point raised by @Gouvernail .....who is dutifully ignoring the thread but succinctly stated a thousand year old principle.
But the wind is blowing, and a sailboat is...
An interesting procedural question. The existing constitution requires that at least two thirds of the membership vote in favor of an amendment in the constitution. The proposed amended constitution provides that an amendment is passed if it receives a two thirds majority from those members...
For example....what is wrong with this revised clause in the constitution?
The World Council .. may make bylaws
(a) amending the ILCA Class Rules of the Laser Class, hereby established as bylaw 1 of the Association, as provided in paragraph 29 thereof;
That is sloppy draftsmanship.
The revised version is a bit more precise. The previous version and the revised version are endeavoring to achieve the same objective through tying together the constitution to paragraph 9 of the Class rules.
Essentially you cannot race your Laser-like dinghy as an ILCA dinghy unless you are...
We agree to disagree. You think
I say they are of limited relevance. I say the the WS agreement is central to any future contractual dispute.
You've made your case. I've made mine.
Let's wait and see. Hopefully we never find out because sensible folk sit around a table and find a solution...
Oh Sweet Jesus!
The trade mark owner signed the WS agreement. LP (via related companies), the builder for NA and Europe, is the trademark owner for NA and Europe.
Yes, I think the builders agreement between BKI and LPE that you quote is in bad shape.......but if you think it will be...
The supreme irony, if I remember correctly , is that it eventually emerged (due to Wess and Tillerman's provocative and investigative journalism...accompanied by musical videos) that Gantt was not in fact a "paid up current member of the ILCA"
They even found out who he was..and his website...
May I suggest a thread title:
The LOTR trilogy.
An epic saga about Lasers, Olympics ,Trolls and Rasty soon to be made into a movie by Peter Jackson
Featuring Farzad Rastegar and his "precious" trade mark.