ISAF and ILCA seem intent on keeping the pressure on Bruce Kirby, announcing that they are to issue a New ISAF Plaque to terminated builder Laser Performance in North America and Europe.
Kirby has responded by filing a First Amended Complaint adding claims related to the ILCA Rule Change, the ISAF Reversal, the apparent New ISAF Plaques and other matters, and adding as a party the owner of the Laser trademarks in Europe: Velum Limited ITM SA (Antigua and Barbuda).
First Amended Complaint filed by Bruce Kirby 30 April 2013 - First Amended Complaint for Counterfeiting, Default of Contract, Unfair Competition, False Designation of Origin and Misapproriation of Publicity Rights . . . available here
The Kirby Torch website reports that New ISAF Plaque will eliminate any reference to Laser designer Bruce Kirby. So future Laser hulls will not include his name and Kirby cautions that the Kirby Torch Class will not accept Laser hulls bearing this New ISAF Plaque as class legal.
The New ISAF Plaque will only mean that fees have been paid to ILCA and ISAF. It will not mean that the Laser hull is Kirby Torch class legal. But, the Kirby Torch Class will accept as class legal any Laser hull bearing the original ISAF Plaque that includes “Bruce Kirby” even if no license fee has been paid to Kirby.
On 23 April ISAF stated:
ISAF regards the recent announcement of the Kirby Torch dinghy as a fundamental breach of contractual arrangements between the parties concerned with the Laser class. ISAF has therefore exercised its right to end those arrangements and will negotiate new arrangements directly with the ILCA.
On 23 April 2013 ISAF approved a proposed amendment to the Laser Class Rules which was approved by ILCA members in 2012. The amended rule permits ISAF and ILCA to approve builders of the Laser who have the right to use the Laser trademark.
ISAF website available here
On 23rd April ILCA stated:
ISAF has approved two changes to Part One of the ILCA Class Rules. These changes have been approved in accordance with the provisions of the ILCA Constitution and the ILCA Class Rules. All necessary votes and approvals have been conducted and are officially recorded.
In the case of the member vote, votes were verified for membership validity by each District or Regional authority. The results were then audited by an independent audit firm, which reported 1017 ‘yes’ votes (89.3%) and 122 ‘no’ votes (10.7%), showing that over two-thirds of the voting members approved the rule change as required by the ILCA Class Rules, Part Five, article 30(c).
ILCA website available here
Kirby Torch Association websiteavailable here
7 May 2013 9:09