SM123
Member
All built with a license for the use of the trademark. The contracts between Kirby, IYRU, ICLA and Laser Performance explicitly allowed Laser Performance to use the trademark in such a way.
Try again.
Lasers - Applying a Blow Torch
- Thread starter Otterbox
- Start date
Try again.
My point is that LPE can apparently continue prducing Laser type boats without any agreement with Kirby, ILCA or ISAF, It will not matter if they look like lasers, measure like lasers or are built like Lasers. Ifhe owns the name and logo, the racing sailors will have to change to something else. Kirby seems have predicted this outcome.
SimonN
Super Anarchist
I do believe that it is enforceable and that this is why Rastegar is screwed one way or another. The contract states that on termination of the contract, all molds, plugs etc shall be given up to BK and that the builder will cease making the Kirby Sailboat. If it is enforceable, then LPE cannot build a Laser like boat to the same specs as a real Laser, and if they change the specs so it isn't a Kirby Sailboat. Why would the class want them.
More importantly, the clause covers "termination" of the contract but doesn't state by whom. Therefore, as I see it, there is either a contract in place or it has been terminated. Either way, Rastegar cannot build boats. His argument surrounding the end of the contracts seem to me to all say, without using those words, that the contractw as terminated by LPE for one of a number of reasons. However, I don't believe that those reasons give him the right to terminate the contract AND still build Lasers. I believe that if he felt that the other party was in breach of the terms of the contract, his only option was to 1. enforce the contract and 2. claim recompense for that breach. I believe that simply terminating the contract means he is bound by the termination clause. The only hope he has would be to show that no contract ever existed, which he does try in a round about way. However, the contract was signed in 2005 and LPE paid "consideration" under the contract and certainly received something in exchange, namely the builders plaques. The contracts had no expiration date so I cannot see how it isn't either still valid or it has been terminated. I also cannot see how incorrect transfer of the contract can actually void it in such a way as to allow one party to continue receiving a benefit afforded under the contract while excusing that party from other terms of the contract. Again, it looks to me like it either should still be in force or it was terminated. Can a contract simply cease to exist. I don't think so and I hope not, because that would destroy all the certainty of contract law.
But enough for now. All sides on here are a deeply entrenched as are the parties involved with the actual case. We will need to wait and see what the courts have to say.
Last edited by a moderator:
JimC
Not actually an anarchist.
You're still conflating LPE and Mr Rastegar Simon. I don't think that works. There were attempts to extend the case to include entities outside LPE, but at least some were dismissed.
Bill5
Right now
It seems your old pal Gantt is honouring the holiday truce!Yes, Kirby's attempt to take down the trademark failed.
And no, nobody can stop anyone from building Laserious boats to an ISAF/ILCA construction manual. They are already. You might even be sailing one depending on the #.
All just my opinion of course.
What happened to the holiday truce and good jokes? Don't you guys shop for gifts? Don't you guys sail?
Also, concerning the BKI counter-offer which included 6 buckets of sand, I understand the document is flawed. There is no "sandy clause"...
SM123
Member
The contracts that I read did have an expiration date. After expiration, they renew automatically every year for another 12 months if neither side terminates. I believe the 2005 document acknowledges this.
I don't understand why Kirby's termination notices did not use expiration as a reason to terminate.
Bill5
Right now
Kirby terminated the contracts due to breach of contract. I (non-lawyer) would think that terminating simply due to expiration would weaken his case.
Dex Sawash
Demi Anarchrist
Bill5
Right now
Oh, come on now, Dex! Santa will be landing on your roof in his "slaser" with lots of goodies for you! You've been a good boy - haven't you?
SM123
Member
Apparently, Rastegar's lawyers did not know their client's corporate structure:
173-1.pdf173-2.pdf173-main.pdf
173-1.pdf173-2.pdf173-main.pdf
Wess
Super Anarchist
Naughty Rastegar lawyers screwed up the whole case. Sandy Clause should give them coal for Christmas.Apparently, Rastegar's lawyers did not know their client's corporate structure:
173-1.pdf173-2.pdf173-main.pdf
tillerman
Super Anarchist
Whit Meyer is a co-party animal.
Wess
Super Anarchist
You mean like a 3 way? Ain't there some fancy french word for dat? Rasty better run and cover his eyes!
Wess
Super Anarchist
You got me.Gouvernail said:
Do you mean his wallet?
h34r: IPLore
Super Anarchist
The motion to amend will most likely be granted.Apparently, Rastegar's lawyers did not know their client's corporate structure:
173-1.pdf173-2.pdf173-main.pdf
We start to see Allentuch's style emerging. He pulls no punches in the affirmative defense and the motion to amend is unapologetic . I sense that the legal testosterone is running at a high level between opposing counsel. They are playing hardball with even simple formalities and discovery procedures .
Bruce Hudson
Super Anarchist
Agreed.The motion to amend will most likely be granted.Apparently, Rastegar's lawyers did not know their client's corporate structure:
173-1.pdf173-2.pdf173-main.pdf
We start to see Allentuch's style emerging. He pulls no punches in the affirmative defense and the motion to amend is unapologetic . I sense that the legal testosterone is running at a high level between opposing counsel. They are playing hardball with even simple formalities and discovery procedures .
It's almost as if there is quite a bit at stake.
IPLore
Super Anarchist
$2.6 million is at stake. That is the amount that Global Sailing paid Bruce Kirby for BKI and his "rights".Agreed.The motion to amend will most likely be granted.We start to see Allentuch's style emerging. He pulls no punches in the affirmative defense and the motion to amend is unapologetic . I sense that the legal testosterone is running at a high level between opposing counsel. They are playing hardball with even simple formalities and discovery procedures .Apparently, Rastegar's lawyers did not know their client's corporate structure:173-1.pdf173-2.pdf173-main.pdf
It's almost as if there is quite a bit at stake.
That might seem a lot to you and me, but each side easily burns up $750,000 to $ 1,0000,000 in fees and expenses if this goes to trial. Add to this BK's age and the cost of publicity and uncertainty for LP and GS means that wise and impartial counsel should be looking for a settlement.
Last edited by a moderator:
