Class Politics All about to kick off....

I would still like to know if the original contracts had a transfer clause before the rights were sold to NZ and then sold back again... I would guess that LP will argue that their contract became null and void. I remain impartial until more information is available....which again is why I never voted on the rule change...

That whole relationship is what has me scratching my head. Obviously siding with PSA/GS/BK is BETTER for the class than LP, I'm just not sure that it's what is BEST for the class. BK's role as designer as sort of served as a neutral arbiter in the builder/class relationship for forty years. I'm not sure how that would play out in the new scheme being floated. It is sort of like combining two of the three branches of the US government and totally undoing the system of checks and balances.
 
I would still like to know if the original contracts had a transfer clause before the rights were sold to NZ and then sold back again... I would guess that LP will argue that their contract became null and void. I remain impartial until more information is available....which again is why I never voted on the rule change...

From what I can see (and obviously that is only (some of) what is in the public domain), in some respects it is not relevant as the contracts have a clause should BK be in default (see court Exhibit 4 section 10.11). LP have to give BK 30 days to rectify the default after which they do not need to pay royalty fees until that default is rectified. So, assuming LP did notify BK they considered him in default, the situation is certainly rectified now (that BK has the design rights back) so LP should have been paying him royalties since that date - as any possible default has been rectified. That is assuming that there is no option to transfer - and I expect that transfer would be permitted as lawyers acting for GS when they purchased the rights would have checked that they were spending money on something that could be sold. Either way, assuming LP have not started paying royalties again then they would be in default so the impact would be on the sums due to BK, not the situation as to the default.

There are clauses allowing transfer in the same document (Exhibit 4 section 11) but I do not know enough to comment on the conditions and what/when/how/etc. the various obligations were complied with.

The sums may be important to BK (as it is money he considers due to him) but for me (and I believe the class), getting rid of LP is important. ILCA seem to have a "soft spot" for LP but I strongly believe that, were they to have their way, that would just prolong the difficulties and issues that have been causing problems for some time now.

But until the court case is heard and more put into the public domain we are hearing only one side of the story. I think it is in everybody's interest (except LP) that the court case be heard a.s.a.p. - but I have no idea what that is under the US legal system.

Ian
 
I would still like to know if the original contracts had a transfer clause before the rights were sold to NZ and then sold back again... I would guess that LP will argue that their contract became null and void. I remain impartial until more information is available....which again is why I never voted on the rule change...

I think Ian has it right above, though that's not why I think it doesn't matter.

In contract law, one party's breech of the terms within a contact does not in itself release either party from it. So any possible breech by Kirby by entering into an agreement with Global Sailing does not release LP from the obligations of the contracted agreement. What breeches do, is give the right to put in play other terms within the agreement. For LP, there are no grounds in the agreement to terminate - if Kirby did not effect the transfer as per the agreement, then the transfer was not effected – which I don’t believe is actually a breech of contract. It did however give LP the right to ignore Global Sailing demands for royalty payments, though the payments were still due to Kirby.

However we know that articles of the builder's agreement does deal with transfer, and requires prior written permission to assign its rights to another party. I don't know that Kirby complied with the terms of the agreement, though it's my guess that he didn't, so I don't think the transfer of rights was effected. (However if the transfer was completed, then no problem - Global Sailing was due royalty payments by LP.) Remember that if the transfer didn't happen, then LP was still obligated to Kirby. Note that if the transfer was not properly executed, then Global Sailing had no right to terminate an agreement it was not party to.

However by not paying royalties, LP was in default of the agreement, and under the terms of the agreement, Kirby could terminate which he did.

The answer Fred is that yes, they had a transfer clause, but I don't believe they were executed by Kirby.

It's a bit messy - but I hope the above makes sense.
 
...another survey... this time in Spanish:

http://www.laserista.com/laser-vs-torch/

Laser vs Torch? Who's right?
  • BRUCE KIRBY - KIRBY TORCH (49%)
  • LASERPERFORMANCE (24%)
  • NOT SURE - I WOULD NEED MORE INFORMATION (17%)
  • I DO NOT CARE (10%)
Total Voters: 93
It would seem like the bias supports Kirby in the Spanish speaking world as well, though as rightly pointed out, it's less a popularity contest and more question of which agreements are still valid - and doing what's right.
 
Update
http://www.rfcexpress.com/lawsuits/...performance-europe-limited-et-al/docket-text/
5/23/2013 34 ORDER: Please read attached pre-filing conference request letter. The defendants, Karaya Limited, Velum Limited and Farzad Rastegar may file their Motion to Dismiss without a pre-filing conference. So ordered. Signed by Judge Robert N. Chatigny on 5/23/2013.(Rickevicius, L.) (Entered: 05/23/2013)
5/21/2013 33 ORDER: A Scheduling Conference regarding 31 Motion for Prejudgment Remedy is set for 6/27/2013 at 11:00 AM before Judge Donna F. Martinez in her Chambers, Room 262, 450 Main St., Hartford, CT. Signed by Judge Donna F. Martinez on 5/21/13. (Nichols, J.) (Entered: 05/21/2013)
5/20/2013 32 ORDER REFERRING CASE to Magistrate Judge Donna F. Martinez for a ruling including 31 MOTION for Prejudgment Remedy . Signed by Judge Robert N. Chatigny on 5/20/13.Motion referred to Donna F. Martinez (Glynn, T.) (Entered: 05/20/2013)


Regarding the ILCA, given the passage of time, it's looking increasingly likely that ILCA won't be repealing the rule and it would appear that instead of upholding their agreement with Kirby, it would seem that they are going to court to contest it.

From where I sit that's a bit sad.
 
I just found this on a link from the ILCA website to the Asia Pacific region

Friday 12 April 2013

You may be aware of the long running builders dispute between the designer Bruce Kirby and LaserPerformance (the builder and supplier of Lasers into UK, Europe and North America) over the non-payment of design royalties.
In the latest phase of that dispute Bruce Kirby in conjunction with Performance Sailcraft Australia and two new builders in the US and Europe have announced they are converting operations to produce exactly the same boat under a new brand name the ‘Torch’.
A positive aspect is that Bruce Kirby and PSA’s clearly stated motivation is to break a legal deadlock and reenable the worldwide production and supply of exactly the same boat as we are all sailing now – albeit under a different name.
While the eventual outcome of the dispute still remains far from clear to us, particularly on an International and Olympic basis, what is clear is that locally we will all be able to continue to purchase equipment for and enjoy competing in the best one design fleet in NZ and the world.
So while the Titans battle over the spoils lets just do our thing and keep doing what we have always done, enjoy sailing a great boat, and once the dust settles we will hopefully emerge with clear direction and a reinvigorated Class that will provide the platform for next 40 years.
Nick Page
Laser Asia Pacific
Vice President

Why the Kirby Torch?
The issue is supply of the Kirby sailboat and parts to sailors worldwide. After numerous attempts, Bruce Kirby felt he had no choice but to withdraw Laser brand building rights in North America and Europe. Through the Kirby Torch brand, sailors will be able to maintain access to hulls, parts and the one-design aspect which is the touchstone of the Kirby sailboat design. To accelerate this outcome, the Kirby Torch builders agree that all ISAF-plaqued Lasers are class legal in the Kirby Torch fleet.

Link here http://laserasiapacific.com/laser-class-changing-to-torch-class/
 
I am but a foolish old dude and I wonder...

* Is there a difference between the statement presented, "Laser class changing to Torch class," and the question "Laser class changing to Torch class?" and what exactly did they say and intend with such subtle nuanced language?

The link also says that "two new builders in the US and Europe have announced they are converting operations to produce the exact same boat under a new brand name the Torch."

Again, I wonder since nobody associated with the Torch brand seems to be answering phones or emails...

* Is anyone really making a Torch and where exactly can I buy one in US or Europe?
* How much would I have to pay for a Torch in Europe or US?
* Where can I race my Torch in US and Europe; could anyone give me a list of regattas?
* Is the Torch class recognized by any of sailings governing bodies?

Now while I doubt anyone is actually making and selling Torches in US or Europe - we sailors are maybe just pawns in this game the rich dudes are playing - I would very much like to be wrong. I believe it could be the best thing to happen to the Laser class (to have an affordable generic version like the Torch). But again, I wonder...

* Will they give me my money back if the Torch can't be used at Laser regattas, the Laser and Torch never merge as a class, or the Torch class turns out to be nothing more than words on an internet link (no regattas)?
* Will the Torch class welcome other affordable generic Lasers such as can be found in Eastern Europe to its regattas should they actually become a recognized class and actually hold regattas?

Just wondering...

Old Dude
 
* Will they give me my money back if the Torch can't be used at Laser regattas, the Laser and Torch never merge as a class, or the Torch class turns out to be nothing more than words on an internet link (no regattas)?

And vice versa. i.e. will you get your money back if you buy a new Laser and it turns out to be counterfeit and cannot be used in any regattas ? And who will give you your money back (in case LPE are no longer around following a court decision against them). And what dealer will risk selling you a Laser knowing that if the court decision is against LPE then they might be liable to give you a refund and LPE might not be around to compensate them, ...

What worries me is that the route ILCA/ISAF have gone down has destroyed the market in new boats (even if available, nobody in their right mind would buy either a new Laser or a new Torch). Had they negotiated then it would seem likely this situation may have been avoided.

Ian
 
I would be less concerned about the Laser I own because there is an existing functioning class and regattas. I would even not hesitate to buy a new Laser for the same reason. Its covered under class rules. I undeerstand that people will come up with wild theories that under some set of circumstances some Lasers approved by ILCA and ISAF would not be allowed in a Torch class but I honestly doubt that. Even the Torch rulers would not be that stupid. This is rich dudes litigating with other rich dudes. Robber baron stuff. No way do I believe that however it all turns out that would they want to attack the customers that are actually buying and using their boats whatever they are called.

My questions regarding Torch are sincere. I would also buy one of those. Even tried. Despite all the internet hype though, nobody seems willing to make and sell them. Emails and calls not returned. My impression is that its just more PR.
 
I am but a foolish old dude and I wonder...

* Is there a difference between the statement presented, "Laser class changing to Torch class," and the question "Laser class changing to Torch class?" and what exactly did they say and intend with such subtle nuanced language?

The link also says that "two new builders in the US and Europe have announced they are converting operations to produce the exact same boat under a new brand name the Torch."

Again, I wonder since nobody associated with the Torch brand seems to be answering phones or emails...

* Is anyone really making a Torch and where exactly can I buy one in US or Europe?
* How much would I have to pay for a Torch in Europe or US?
* Where can I race my Torch in US and Europe; could anyone give me a list of regattas?
* Is the Torch class recognized by any of sailings governing bodies?

Now while I doubt anyone is actually making and selling Torches in US or Europe - we sailors are maybe just pawns in this game the rich dudes are playing - I would very much like to be wrong. I believe it could be the best thing to happen to the Laser class (to have an affordable generic version like the Torch). But again, I wonder...

* Will they give me my money back if the Torch can't be used at Laser regattas, the Laser and Torch never merge as a class, or the Torch class turns out to be nothing more than words on an internet link (no regattas)?
* Will the Torch class welcome other affordable generic Lasers such as can be found in Eastern Europe to its regattas should they actually become a recognized class and actually hold regattas?

Just wondering...

Old Dude

You have pretty well answered your own questions, but a couple of comments.

The Torch is not intended to be a "generic" Laser. It is an atttempt to created a new SMOD infrastructure under the "Torch" name to replace the collapsed "Laser" SMOD infrastructure. There would not be competing builders, but just one builder (per region). This raises a question for the future of the class. Do we want to continue under the one builder model? This is how the class has operated for 40 years, and some point out this is what allowed to class to grow and thrive. Or do we want an a class with multiple builders? One school of thought says this will lower prices with competiton, while another says it will increase costs with hardware wars and increased burden on the class to maintain one-design principles. To me it looks like the ILCA is trying to position itself for multiple builders, even if it means temporarily taking sides with LP.

As for the Kirby Torch Class Association, they simply are not going to build a whole new infrastructure of volunteers and regattas. Everyone knows this. It is an attempt by those behind the Torch concept to bring the ILCA into the fold.
 
The Old Dude is not so sure Torrid.

They keep pushing this Torch in our faces and I wonder if its real or just a negotiation ploy.

If it is real why will nobody tell us who is making and selling them in the US and Europe? How much it costs? Why can't I buy one?

And while it may be their attempt to bring the ILCA into the fold, what if ILCA and members do not come into the fold? People keeps posting silly polls from people that are not class members but the class members I speak to don't want sail Torches they want to sail Lasers. So if they don't come then we have two classes or more.

I really don't care what the name is and am not a fan of SMOD as done by the Laser class founders. Too expensive and too much monopoly power. The sailors and class have no control. I would like to see generic Laser class (call it whatever you like) set a rule for boat specifications. For the vast majority of the racers not going to Olympics this is good enough to have equal racing and then we can have affordable boats like the generic Lasers in Eastern Europe. More manufacturers that have to build to class rule means lower prices and no rich dudes fighting and wrecking our game because they no longer have control of the game. Power to the people! Pawns no more. Sailors rules!! Anyway, that is a personal view and not really the point.

I am seriously asking if anyone knows...

* Is there anyone making and selling Torches in US or Europe and if so see the Qs earlier posted.

A Curious Old Dude
 
I would be less concerned about the Laser I own because there is an existing functioning class and regattas. I would even not hesitate to buy a new Laser for the same reason. Its covered under class rules. ...

But if you buy one without "Kirby" included on the plaque (i.e. the rumoured new ISAF/ILCA plaque) and BK wins the court case this would mean that your new Laser would be counterfeit and thus COULD NOT sail in a Laser regatta as a court has found it to be counterfeit. And, rightly or wrongly, court decisions outweigh the desires of sailors/ISAF/ILCA (remember the Americas Cup of the old days). So your new Laser would still be a risk subject to the outcome of the court case.

OK, you'd probably be OK for club racing but should BK win (as many think likely), you could not use it at regattas/championships/etc.

Ian
 
* Is there anyone making and selling Torches in US or Europe and if so see the Qs earlier posted.

I believe builders are:
Europe, Africa and Middle East: Orange Performance Sailcrafe B.V. (from/in Netherlands)
U.S unsure but somebody has said who they are.

I do not know the appointed builders but others have commented that they have loads of experience and good reputations and will be building decent quality boats. But that is me just repeating what others have said about them.

As to them being available and costs, I have no idea and I'm not going to search out people to ask as I am not looking for a new boat. I expect that, if it takes time to get production going then the might buy in boats from Australia as a "stop-gap" measure whilst they get their own production/stocks going.

Ian
 
I think Old Dude has some very valid points. Let's just say that the Laser organizations don't fall into the fold, and the Torch starts to build an independent network of fleets, regattas, etc.

Then what? Will I attend a regatta and have to register for the Torch Class or the Laser Class? I have a 2005 Laser/Torch. What happens when I want to upgrade? If they remain separate, I'll have to choose to buy a Torch or Laser? This has the potential to be a big mess! Kind of reminds me of the MC Class from the '80's to the '90's when Johnson Boat Works competed with Melges. The biggest difference was that we could all race together.

Will there be a rumble after the regattas of the sailors faithful to each respective class???

These are serious questions that we will need ponder in the upcoming months after a day of racing over our favorite cold beverage!

I for one have registered for my free Torch Class membership! I may even buy a t-shirt and wear it at my next Laser regatta!!!
 
I think Old Dude has some very valid points. Let's just say that the Laser organizations don't fall into the fold, and the Torch starts to build an independent network of fleets, regattas, etc.

Then what? Will I attend a regatta and have to register for the Torch Class or the Laser Class? I have a 2005 Laser/Torch. What happens when I want to upgrade? If they remain separate, I'll have to choose to buy a Torch or Laser? This has the potential to be a big mess! Kind of reminds me of the MC Class from the '80's to the '90's when Johnson Boat Works competed with Melges. The biggest difference was that we could all race together.

Will there be a rumble after the regattas of the sailors faithful to each respective class???

These are serious questions that we will need ponder in the upcoming months after a day of racing over our favorite cold beverage!

I for one have registered for my free Torch Class membership! I may even buy a t-shirt and wear it at my next Laser regatta!!!

Brings me back to my point on a finite number of volunteers and regattas. OK, let's say there are dueling national championships scheduled. That's one thing.

However, consider your local district regattas. Chances are you go to the same clubs year after year, sailing in regattas run by the same people, and sail against your same friends. Will the Kirby Torch Class Association really be able to duplicate this? Are there going to be dueling Torch/Laser regattas in each district? If a longtime friend shows up at a regatta with the wrong kind of boat, are you prepared to tell them "I'm sorry, but this is a Torch/Laser regatta. Your shiny new Laser/Torch is inelligible to sail in these races."?

I think the answers are obvious.
 
I raced against Dirk as a kid and he is a very good sailor ( and boat builder)...It is almost always good when you actually have a good racer involved...Just look at pro sports...They don't use ivy league grads...they use former pro players,
 


Looks to me like that it might just simply be an address used to register the new company. Have never had the pleasure of meeting Dirk or John but they both seem to me (at least from far away) to be the real deal.

Another update:
5/31/2013 35
Joint MOTION for Extension of Time until July 15, 2013 to File Rule 26(f) Report of Parties' Planning Meeting by Bruce Kirby, Inc., Karaya (Jersey) Limited, Bruce Kirby, LaserPerformance (Europe) Limited, Quarter Moon, Incorporated, Farzad Rastegar, Velum Limited ITM SA (Antigua and Barbuda). (Whitmyer, Wesley) (Entered: 05/31/2013)
 
Some light reading. Looks like they expect to eventually make nice with the ISAF. Still seems a bit bureacratic and top-heavy in 1%-ers to me.

I still say creating an entirely new class association is not the way to go.


INTERNATIONAL
TORCH CLASS ASSOCIATION
CONSTITUTION
1 NAME
1.1 The name of the association shall be the “International Torch Class Association”
(hereinafter “ITCA”).
2 OBJECTS
2.1 The objects of ITCA are:
(a) To promote and develop Torch sailboat racing under uniform rules
throughout the world.
(b) To provide a structure for management and exchange of information
among Torch sailors to enhance the enjoyment of these sailboats.
2.2 In furtherance of events with international participation ITCA will:
(a) Establish Continental Torch Class Associations (hereinafter “CTCA”) as
defined in the By-Laws.
(b) Encourage the formation of National Torch Class Associations (hereinafter
“NTCA”) under the auspices of respective Continental Torch Class
Associations in all countries where Torch sailboats are raced.
(c) Ensure that World and Continental Championships are held in appropriate
locations and to proper standards, and oversee such events.
(d) Ensure that international Master and Junior Torch events are held in
appropriate locations and to proper standards, and oversee such events.
(e) Approve other events of international impact on Torch sailors and
ensure they are held to proper standards.
(f) Promulgate and review the Class Rules a s d e f i n e d i n t h e B y -
L a w s in association with the Design Rights Holder, Trademark Rights
Holder and Builders authorized by the Design and Trademark Rights Holder
(collectively hereinafter referred to as “Torch Professionals”).
(g) Wherever applicable, ITCA, CTCA, NTCA, and the Class Rules shall abide
b y the regulations of the I n t e rnat ional Sai l ing Federat ion
( her e inaf ter “ ISAF”).
2
3 MEMBERSHIP
3.1 To be eligible to race in any international Torch regatta, the helm shall be a
member of ITCA.
4 GOVERNANCE
4.1 ITCA shall be governed by its World Council and its affairs and property shall
be managed and administered on an ongoing basis by its Executive Committee
in accordance with:
(a) the provisions of this Constitution,
(b) any By-Laws passed under this Constitution,
(c) any Regulations for the operation of the ITCA determined by the World
Council, or
(d) any directives, policies or guidelines established by the World Council.
5 WORLD COUNCIL
5.1 The World Council shall consist of:
(a) one Continental representative from each CTCA who is a member of ITCA
and is appointed by the CTCA for a staggered term of years equal to the
number of CTCA then existing in the By-Laws such that one new Continental
representative joins the World Council each year;
(b) one Masters representative elected at large for a term of four years from the
members of ITCA active in the Masters fleet who shall also Chair the Masters
Committee of ITCA;
(c) one Junior representative elected at large for a term of four years from the
members of ITCA over the age of 18 and active in the Junior fleet who shall
also Chair the Juniors Committee of ITCA;
(d) one Technical representative elected at large for a term of four years from
the members of ITCA who shall also Chair the Technical Committee of ITCA;
(e) one Measurement representative appointed by the Executive Committee for
a term of one year who shall Chair the Measurement Committee of ITCA but
shall not have any vote;
3
(f) one Builders representative serving a two year term on a rotating basis from
among parties that have a Builders Agreement in force with the Design
Rights Holder; and
(g) one Design Rights representative appointed by the Design Rights Holder.
5.2 World Council representatives having voting power shall not serve more than two
consecutive terms.
5.3 An open meeting of the World Council shall be held annually in such place
and time as the Executive Committee may consider most convenient to the
majority of the World Council representatives. This meeting shall:
(a) Receive and report the result of ballots, and elect officers for the following
year.
(b) Receive from the Treasurer and any Controller, and approve, a statement
of accounts for the preceding accounting year, forecast accounts for the
current year, and a budget for the next year.
(c) Receive reports for each representative concerning their area of Torch
responsibility.
(d) Receive and decide on Resolutions submitted in accordance with 5.5.
5.4 A Special meeting of the World Council shall be called by the Executive
Committee Director (hereinafter “Director”):
(a) If the Executive Committee so resolves and in accordance with that
resolution, or
(b) forthwith upon (but not fewer than six weeks after) receiving the written
request of not fewer than three CTCA members (which request shall also
specify any resolution which the members concerned wish to propose at
the meeting).
5.5 Resolutions to the World Council shall only be submitted by a CTCA or by a
representative of the World Council.
5.6 At least four weeks written notice shall be given by the Director to
representatives of the World Council of any World Council Meeting. The
Notice shall include a copy of the agenda for the meeting and of any
Resolutions that are to be proposed at the meeting. The Director shall give
such notice of (and only of) such Resolutions as have been specified to him in
writing six weeks before the meeting at which they are to be proposed.
5.7 The chairman at meetings of the World Council shall be the President, or in
his absence, a Vice-President. If neither the President nor any Vice-President
4
is present, the meeting shall elect a chairman.
5.8 Nominations for officers may only be made by a CTCA except as provided
by 5.9.
5.9 Nominations for the officers standing for election must be received in writing
by the Director six weeks before the annual meeting of the World Council,
provided that if there are not nominations for all the available posts the
outgoing Executive Committee may make such additional nominations as are
necessary in order to fill all available posts.
5.10 At any World Council meeting only Resolutions for which notice has been given
in accordance with this Constitution may be proposed and no amendments
thereto shall be permitted, unless the amendment is accepted by the
proposer(s) of the resolution.
5.11 Proposals for amending the Constitution and Class Rules shall be by Special
Resolution to a meeting of the World Council.
5.12 Only World Council representatives shall be entitled to vote at a meeting of
the World Council. Voting at World Council meetings shall (unless otherwise
stated by this Constitution) be by simple majority of the votes cast. In the
event of a tied vote the President shall have a t ie-b reaking vote. If the
President is absent from the meeting, the presiding Vice-President or Chairman
of the meeting shall have a tie-breaking vote.
5.13 The quorum at World Council meetings shall be 40% of the representatives,
represented in person or by proxy, who shall be from at least two Continents
and who are entitled to vote at the meetings.
5.14 A World Council representative may not vote more than two proxies.
5.15 A Special Resolution shall be passed at a World Council meeting only if 2/3rds
or more of the votes cast are in its favor.
5.16 In the event of the World Council passing a Resolution which in the reasonable
opinion of Design Rights Holder is contrary to the business interests of the
themselves and the Builders, the Design Rights Holder may request the
Resolution be referred to the I SAF Executive Committee for binding
arbitration or to such other body selected by the ISAF Executive Committee
with agreement of the parties.
6 OFFICERS
6.1 The World Council of the ITCA shall have the following officers:
(a) President,
5
(b) two Vice-Presidents, and
(c ) Treasurer
6.2 The President, Vice- Presidents, and Treasurer shall be members of ITCA
from at least two different continents, and be elected by the World Council by
ballot for a term of two years. Any retiring officer shall be eligible for re-election
provided that he has not served more than 8 consecutive years in that office.
6.3 The World Council may pass Regulations to provide for the method of election
of officers.
7 EXECUTIVE COMMITTEE
7.1 The Executive Committee shall consist of the following:
(a) Officers of the World Council
(b) Design Rights Appointee to the World Council
(c) Chair of the Technical Committee
7.2 Each member of the Executive Committee shall have only one vote except that
the President or acting chairman shall only have a vote in the event of a tie
vote of the Executive Committee. The Chair of the Technical Committee
shall not have a vote on the Executive Committee.
7.3 In the event that vacancies shall occur on the Execut i veCommittee
between meetings of the annual World Council.
(a) The remaining members of the Executive Committee shall forthwith
appoint one of their number, or appoin t a person co-opted in
accordance with (b) to fill the vacancy.
(b) In the event it is not possible to fill a vacancy from remaining members of the
Executive Committee, then the Executive Committee may co-opt or
appoint any member of ITCA as they shall consider fit and is
otherwise eligible to fill the vacancy and such person shall remain in
office until the next annual meeting of the World Council.
7.4 The Chairman of the Measurement Committee shall be appointed by the
Executive Committee on an annual basis, but with no fixed limit to the period
of office.
7.5 A Director may be appointed by the Executive Committee at such times and
on terms and conditions determined by it. The Director shall not have access to
the accounts of ITCA, and shall not have authority to spend more than $1000 of
ITCA funds without the prior approval of the Treasurer.
6
7.6 A Controller, with a CPA or equivalent professional qualification, may be
appointed by the Executive Committee at such times and on terms and conditions
determined by it. The Controller and the Treasurer shall have access to the
accounts of ITCA.
7.7 In the event of the absence or vacancy of the position of Director, one of
the Vice-Presidents shall fulfill all the obligations and duties of the Director.
8 EXECUTIVE COMMITTEE MEETINGS
8.1 Executive Committee meetings shall be held on such occasions and at such
places as are either called by the President or decided by previous meetings
of the committee.
8.2 The Director shall give at least 3 weeks notice of such meetings, unless 75%
of the voting members of the Execut ive Committee give their prior consent
to a reduced notice period.
8.3 Four voting members of the Committee shall form a quorum.
8.4 The President shall chair all meetings at which he is present. At meetings
where the President is not present a Vice President if present shall chair,
otherwise the meeting shall elect a chairman from among themselves.
8.5 Resolutions at Executive Committee Meetings shall be passed by a simple
majority of the voting members of the Committee present and voting. In the
event of a tied vote the chairman of the meeting shall have a tie breaking vote.
8.6 The Executive Committee is authorized to utilize telephonic
communication for meetings providing all participants can hear and
participate in all communications.
8.7 The Executive Committee may delegate to any one or more of its members
such powers and duties as it shall determine for special purposes for a limited
period.
9 NATIONAL CLASS ELIGIBIITY
9.1 Any country may, upon application to the Director, be granted a charter as a
NTCA provided it satisfies the following requirements:
(a) it has formed a duly constituted national class association, recognized by
their country's Member National Authority of ISAF, for the development of
racing Torches within their country;
7
(b) there are not fewer than (20) twenty Torches registered in the country as
members of ITCA;
(c) it has a duly elected execu t ive committee, including such officers as it
shall determine necessary and requisite, and,
(d) there is no other association in their country already accredited to the
World Council.
10 APPLICATIONS FOR NTCA CHARTER
10.1 Each application to the Director of the Executive Committee for a NTCA
charter shall include a copy of their Nat ional Class Association Rules,
together with a current list of the members of that Class Association and the
Torches registered within that Class Association.
10.2 Each approved National Torch Class Association shall appoint a member to the
respective CTCA who shall be the only official channel of communication with
ITCA and whose address will be the official address of that NTCA until the
Director of the Executive Committee is advised, in writing, by that NTCA of
any change of appointed member and or address.
10.3 Each application shall be accompanied by a registration fee in such amount
as shall from time to time be fixed by the Executive Committee.
10.4 The NTCA members of the CTCA shall be bound by this Constitution and
all duly enacted By-Laws. NTCAs shall use their best efforts to ensure that
individual members of ITCA in their nations also comply with such
resolutions and regulations.
10.5 A NTCA shall cease to be a member of its CTCA during any period in respect
of which it has not paid its subscription or other monies due to the ITCA,
upon receipt of notice of its resignation by the Executive Committee or upon
failure to continue to meet the requirements of initial eligibility. In the case of
cessation solely due to nonpayment, such membership may be renewed with
immediate effect by payment of outstanding dues or other monies owing to the
ITCA.
11 TECHNICAL COMMITTEE
11.1 The function of the Technical Committee is:
(a) To advise the World Council and Executive Committee on any technical
matters relevant to the Class.
(b) In conjunction with the Technical Department of the ISAF, to ensure that
the one design control of the Tor ch is properly exercised by the
8
Builders in accordance with the Construction Manual.
(c) To investigate any query by a boat owner regarding the one design or
specification of this boat, and to report to the Executive Committee.
(d) To consult with the Design Rights Holder on any development of the boat or
equipment deemed to be desirable as a result of sailing experience.
(e) To ensure that the boats used in World and Continental Championships
and major regattas comply with the Class Rules.
12 FINANCIAL MATTERS OF THE INTERNATIONAL CLASS ASSOCIATION
12.1 The association shall be funded by:
(a) Subscriptions from NTCAs and individual members.
(b) A share of the building fee paid on each boat.
(c) A share of the fee paid on each sail manufactured.
(d) Television rights of international events in accordance with ISAF
regulations.
(e) A share of the Entrance Fee of World and Continental Championships,
negotiated between the Executive Committee and the Organisers of the
event.
(f) Any other revenue negotiated and accepted by the Executive Committee.
12.2 The NTCA’s subscription year shall run from 1 January to 31 December.
12.3 The amount to be paid as subscriptions to ITCA for individual and NTCA
memberships shall be decided by the World Council.
12.4 All other fees, such as those for consideration of event proposals and
provi d ing professional or other services at events or otherwise, shall be
decided by the Executive Committee.
13 EXPENSES
13.1 A budget for expenses shall be agreed each year by the World Council, and
expenses shall be reported under a separate heading in the Annual Accounts.
13.2 The reasonable expenses of the Officers and other members of the Executive
Committee in complying with their obligations and exercising their powers under
these rules may be payable out of the funds of ITCA on application to the
Executive Committee.
14 ACCOUNTS
9
14.1 The Treasurer and Controller shall cause annual accounts to be prepared for
each year which truly and fairly show the ITCA's capital and its income and
expenditure.
14.2 The fiscal period of the World Council shall be 1 January to 31 December
each year unless changed by resolution of the World Council.
14.3 A copy of the accounts for the latest complete fiscal period shall be sent by
the Director to each CTCA with the notice of the Annual meeting of the World
Council.
15 NOTICE
15.1 Where under this Constitution the Director is required to give written notice
to any person or body, such notice shall be deemed for the purposes of
this Constitution to have been given if it is given by post or written electronic
communication and:
(a) If it is given by post it shall be deemed to have been given on the 7th
day after the Director shall have posted such notice by first class or air
post to the person or body concerned at the address given for such
person or body in the records of ITCA whether or not it shall in fact have
been received by the person or body concerned within that time or at all;
(b) If it is given by written electronic communication it shall be deemed to
have been given 24 hours after the Director has successfully dispatched
the written electronic communication whether or not it shall in fact have
been received by the person or body concerned within that time or at all.
(c) Provided that the Director shall only be entitled to give notice to a person
or body by way of written electronic communication if that person or body
shall have provided (and not withdrawn) the electronic address or number
for the electronic communication to the Director and it has been recorded
in the records of ITCA.
15.2 The Director shall keep a register of such notices, which shall include
evidence that the notice has been sent.
16 SUSPENSION AND REMOVAL FROM MEMBERSEIIP
16.1 An individual or NTCA member may be suspended from membership by the
Executive Committee only after a hearing protecting his rights to due process
including a mutual exchange of evidence prior to the hearing.
16.2 A member may be suspended for the following:
(a) Committing an unlawful act in relation to the Association or one of its
10
members, or
(b) For any unsportsmanlike conduct contrary to the interest of the members
of the association, or
(c) For intentional violation of Class Rules.
16.3 A member NTCA shall apply any such suspension to any of its individual
members so suspended
16.4 A member shall not be entitled to any return of any part of his subscription in
respect of any period for which he shall be suspended or removed from
membership.
17 AMENDMENTS
17.1 This Constitution may only be amended by a Special Resolution for which notice
has been duly given and which is duly proposed and passed at a World Council
meeting pursuant to the terms and conditions of this Constitution and ISAF.
18 LIMITATIONS
18.1 The Officers and Executive Committee shall not be obliged to do any of the
things required of them by these rules if the World Council shall not
reasonably be expected to be in funds sufficient to pay their reasonable cost
and expenses by the time these costs and expenses are estimated to come
due.
18.2 In the execution of their powers and duties under this constitution no officer or
other member of the Executive Committee shall be liable for any loss to any of
the members or former members of the World Council or to the assets of the
World Council by reason of any mistake or omission made in good faith by
him or any other officer or member of the Executive Committee or for any
other matter other than willful and individual wrongdoing, omission or fraud on
the part of the person who is sought to be made liable.
19 PROPER LAW AND JURISDICTION
19.1 The proper law of the International Torch Class Association and World Council
shall be Connecticut, USA law and this Constitution shall be construed, take
effect and be enforced accordingly, but wi thout considera t ion o f i ts
j u r isdict ion, venue and choice of law provisions. Individual
and NTCA members o f ITCA agree they a r e su b ject t o
personal ju r isd ict ion i n Connect icu t , USA fo r purposes o f
r esolving any disputes wi t h ITCA.
11
19.2 Decisions of the Executive Committee shall be final in matters of the
management of the World Council. Actions of the Executive Committee are
also final when taken unless disputed formally in writing by representatives
of the World Council. The Decisions and Actions of the World Council shall be
final, subject to the judgment of a court in Connecticut, USA as provided in
Article 19.1.
 
Well, there are those amongst us who have said an entirely new class association has been needed for years.

It's just too bad it has taken such a situation to give rise to the re-group.
 
Mr. P applied for the master worlds in Oman. As often is the case his ILCA membership is in need of renewal. When the registration was opened up he thought it was earlier than usual and wondered if the ILCA was hurting for money. For the first time ever instead of simply receiving reminders to renew his membership, he has received numerous emails requesting payment immediately or they would not rank him. When he sent an email question about spectator boats, it was almost a full month before he received a reply with apologies for the delay because they are short staffed lately. I have to wonder if the ILCA is struggling to remain afloat.

In which case, we're going to need a new class anyway.
 
LP have posted their response which includes a counter claim:

6/12/2013 40 ANSWER to 23 Amended Complaint,, with Affirmative Defenses. , COUNTERCLAIM against Bruce Kirby, Inc., Bruce Kirby, Performance Sailcraft Pty. Ltd., Global Sailing Limited by LaserPerformance (Europe) Limited, Quarter Moon, Incorporated. (Attachments: # 1 -Certificate of Service)(Smith, Turner) (Entered: 06/12/2013)
6/12/2013 39 MOTION to Dismiss by Farzad Rastegar.Responses due by 7/3/2013 (Attachments: # 1 Memorandum in Support, # 2 -Certificate of Service)(Smith, Turner) (Entered: 06/12/2013)
6/12/2013 38 MOTION to Dismiss by Karaya (Jersey) Limited, Velum Limited ITM SA (Antigua and Barbuda).Responses due by 7/3/2013 (Attachments: # 1 Memorandum in Support, # 2 Affidavit -Rainer Buchecker, # 3 Affidavit -Thomas Von Urbisch, # 4 -Certificate of Service)(Smith, Turner) (Entered: 06/12/2013)
6/12/2013 37 Corporate Disclosure Statement by Velum Limited ITM SA (Antigua and Barbuda). (Smith, Turner) (Entered: 06/12/2013)


http://www.rfcexpress.com/lawsuits/...performance-europe-limited-et-al/docket-text/
 
worth the $6.99 download
Get it free here (or see the attached file):
http://www.archive.org/download/gov.uscourts.ctd.99988/gov.uscourts.ctd.99988.40.0.pdf

Alternatively, get a PACER account, install the RECAP plugin to Firefox and search the dockets yourself. Either you will be able to download for free if it was already uploaded using RECAP, or you can have RECAP automatically upload so that other people can read it for free. This all happens automatically with the RECAP plugin.

This document was only $3 to download directly from the original source (PACER) and, if you spend less than $15/quarter with PACER, you don't actually get charged anything.
 

Attachments

  • gov.uscourts.ctd.99988.40.0.pdf
    123.7 KB · Views: 48
What is missing however, are replies from ICLA and ISAF. I thought that these were due June 14. It's possible that they filed on paper and the filings will take a day or 2 to show up on Pacer, or they decided that, as UK and Isle of Man companies, a Connecticut court can do nothing to affect them.
 
What is missing however, are replies from ICLA and ISAF. I thought that these were due June 14. It's possible that they filed on paper and the filings will take a day or 2 to show up on Pacer, or they decided that, as UK and Isle of Man companies, a Connecticut court can do nothing to affect them.


Pretty sure the deadline was extended to July 15.
 
There is a lot of content in the documents lodged, I like the metaphor that it's normal to throw a lot of mud to see what sticks. I'm not so surprised that there is an attempt to complicate things - I would if in their situation. It would seem LaserPerformance can continue to build with the status quo - so if they believe that their chances of losing their building rights are high, they will be looking to complicate matters and draw it out.

I didn't expect the questions raised surrounding the amount of the royalty paid, though would be surprised if Kirby and Co had made some basic mistakes there. Possible though.

It would appear that the sale of Kirby's rights to Global Sailing were not completed. According to the agreement one of the conditions for the rights to be completed was the signatory parties were to be notified. If that is found to be the case, then Global Sailing had no rights under the agreement, (unless they were acting as Kirby's agent) and Global Sailing did not have the right to terminate LaserPerfomance as a builder (or act in any other way).

The are issues raised surrounding a dispute over the "lucrative Asian market", where Laser Performance holds the trademark (though there are questions to be answered about this) though their designated building area was/is North America, plus any other area not covered by a builder's agreement. If there was an agreement designating Asia to LP, then I haven't heard of it. The question of Asia (not Japan) was in the hands of Kirby - my reading of the respective contracts make it seem to me that Kirby had the right to designate new or existing builders - if one wasn't already designated. I think there is some validity to their claims with the Asian market, so long as they can prove they actually have the trademark registered properly.

In any case, we have progress, though it would appear that to answer these point by point will take a while.

Frankly, looking at their response makes the changing to the Torch look more valid. Though if we were to change, then we'd expect a lawsuit from Ragestrar.
 

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