Mrs. P
Member
Theoretically speaking, if the ILCA could dump LP as the builder in North America and also acquire the Laser TM, what builder would be the most desirable to become the new authorized NA builder?
All about to kick off....
- Thread starter Laser Tim
- Start date
Tillerman
Member
Tillerman
Member
The judge has dismissed Bruce Kirby's claims against both Laser Performance and the Laser class on the grounds that Bruce Kirby has no standing to sue them, because he sold all his contractual and intellectual property rights to Global Sailing.
Let's hope this is the end of the matter.
Let's hope this is the end of the matter.
Tillerman
Member
I never reveal my sources. It's against the blogger's code.
But seriously, a friend sent me a copy of the summary judgement. And that document is being quoted in the thread about this topic on Dinghy Anarchy.
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torrid
Just sailing
I believe the judge already dismissed claims against the ISAF and several of Rastegar's shell corporations. With LP and the ISAF out, is there anyone left to sue?
Tillerman
Member
And the suit against ILCA has been dismissed too.
I don't think Kirby can sue anyone else. But what Global Sailing will do now is anybody's guess. They are still $1.6 million out of pocket with very little to show for it. And I suppose Kirby's lawyers could always appeal.
torrid
Just sailing
Link to PDF of the summary judgement in this Sailing Scuttlebutt article:
Court Rules on Kirby Dispute >> Scuttlebutt Sailing News
Court Rules on Kirby Dispute >> Scuttlebutt Sailing News
http://cdn.sailingscuttlebutt.com/wp-content/uploads/2016/08/SKM_C554e16081516530.pdf
Interesting. I thought that Kirby's mistake was selling his company to Global Sailing without the approval of the other parties of the contracts, and that he later realized it himself, and bought it all back to clear things up. Now the judge says that that first sale was actually ok, but the sale back to Kirby wasn't complete - so now the ball is suddenly in GS's court.
An interesting new (to me) detail is that LP tried to claim that they wouldn't have to pay royalties for boats sold with Radial or 4.7 rigs!
This is not the end of this story, but the good thing is that the worst-case scenario is now even less likely to happen. That is, all Lasers from Banbury since May 2010 and from Ayase since October 2013 being declared non-Lasers.
Interesting. I thought that Kirby's mistake was selling his company to Global Sailing without the approval of the other parties of the contracts, and that he later realized it himself, and bought it all back to clear things up. Now the judge says that that first sale was actually ok, but the sale back to Kirby wasn't complete - so now the ball is suddenly in GS's court.
An interesting new (to me) detail is that LP tried to claim that they wouldn't have to pay royalties for boats sold with Radial or 4.7 rigs!
This is not the end of this story, but the good thing is that the worst-case scenario is now even less likely to happen. That is, all Lasers from Banbury since May 2010 and from Ayase since October 2013 being declared non-Lasers.
Mrs. P
Member
Just a clarification on whether Kirby can sue anyone else. Pretty sure the answer is YES, he can.
All he has to do is join GS in a suit and he can begin again. I believe he can have a go at all parties again if the dismissals were "without prejudice". Can't recall if they were or not but I can't imagine a procedural dismissal would be "with prejudice". All he has to do is cure whatever procedural hiccups he ran into and begin again. Maybe some can't be cured but he now has a road map of how to do it right. If GS jumps on board with Kirby, or simply goes it alone, it's game on.
Let's hope the powers that be are thinking about settlements of some sort to prevent another 3+ years of legal fees on take 2.
All he has to do is join GS in a suit and he can begin again. I believe he can have a go at all parties again if the dismissals were "without prejudice". Can't recall if they were or not but I can't imagine a procedural dismissal would be "with prejudice". All he has to do is cure whatever procedural hiccups he ran into and begin again. Maybe some can't be cured but he now has a road map of how to do it right. If GS jumps on board with Kirby, or simply goes it alone, it's game on.
Let's hope the powers that be are thinking about settlements of some sort to prevent another 3+ years of legal fees on take 2.
Tillerman has good vision...
It's extremely likely that the verdict will be appealed.
The lawyers are loving it.
From the "New builders" thread:
numbers.
As I understand it, 1) this decision concerns LP- and Vanguard-built boats of around 2010-2012, which had Kirby's name on the builder's plaque (and therefore in hindsight broke the "Bruce Kirby" trademark), and 2) the quoted sums aren't necessarily what LP owes Kirby.
Someone with better understanding of American legalese may find something illuminating from these:
You searched for Kirby - Whitmyer IP Group
Leagle Search Decisions | Page 1 | Leagle.com
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The Sail-World article has also been updated with the...
numbers.As I understand it, 1) this decision concerns LP- and Vanguard-built boats of around 2010-2012, which had Kirby's name on the builder's plaque (and therefore in hindsight broke the "Bruce Kirby" trademark), and 2) the quoted sums aren't necessarily what LP owes Kirby.
Someone with better understanding of American legalese may find something illuminating from these:
You searched for Kirby - Whitmyer IP Group
Leagle Search Decisions | Page 1 | Leagle.com
_
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torrid
Just sailing
It was pointed out over on one of the SA threads that the two attorneys who presented the case on Kirby's behalf are fresh out of law school.