MarineBusiness-World.com
 
 
News Home FishingBoating Photo Gallery Australian Cruising Sail-World Australia
Sail-World.com : ISAF Laser intervention - Supply problems looming?
ISAF Laser intervention - Supply problems looming?


'Perth 2011 ISAF Sailing World Championships,'    Richard Langdon /Perth 2011    Click Here to view large photo

The long running dispute between the designer of the Laser dinghy Bruce Kirby and one of the Laser builders LaserPerformance, the builder and supplier of Lasers into UK, Europe and North America, because of non-payment of design royalties is now much wider than ever before and now it appears that it’s likely to threaten supplies of Lasers.

On March 4, 2013, Bruce Kirby, Inc., filed a complaint in the U.S. Federal Court District of Connecticut, alleging unlawful counterfeiting of the Kirby dinghy by LaserPerformance principal Farzad Rastegar acting with and through LaserPerformance and its associated entities.

The case named the International Laser Class Association (ILCA) and ISAF alleging they assisted LaserPerformance by continuing to supply ISAF plaques to the builder, after Kirby had given them formal notice to stop.

On March 25th Legal Counsel for ISAF Jon Napier wrote to Jeff Martin, the Executive Secretary of ILCA, requesting that ILCA cease to issue ISAF plaques to LaserPerformance (Europe) Limited and Quarter Moon Inc. (the 'Builders') with immediate effect. Quoting exactly from the ISAF letter, ‘The reason for this decision is that ISAF has concluded, based on the correspondence and court papers received from Bruce Kirby’s attorneys, that the Builders are no longer licensed by Bruce Kirby and/or Bruce Kirby Inc. to build the Laser class boat (as required by the 1983 ISAF Agreement and our 1992 Plaque Agreement).’

The sticky issue that remained was that LPE, the owner of the Laser trademark in Europe and the USA, would obviously take legal action if anyone began selling Laser branded boats in those markets.

Kirby, in an attempt to break that deadlock proposed the Kirby Torch.

However it’s a matter of record that ISAF changed its mind, and headed 180 degrees from its previous position, citing the Kirby Torch dinghy announcement ‘as a fundamental breach of contractual arrangements between the parties concerned with the Laser class’. ISAF announced it had exercised its right to end those arrangements and said it would 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.’

However it seems there are fundamental problems with the ISAF - ILCA Laser solutions to remove Bruce Kirby´s role in the Laser class.

There has been some unintended consequences it seems, with a major Laser supply crisis looming.

According to Performance Sailcraft Australia, (PSA) who have been building Lasers since 1973, the ISAF – ILCA proposal breaks all the legal rules, so that no builder will be able to supply a class legal Kirby designed boat (currently called a Laser).

Chris Caldecoat, the PSA General Manager have released the following statement today.

‘Performance Sailcraft Australia, Fundamental problems with ISAF-Laser Solutions

‘For 40 years PSA has been focusing on building good boats, in strict accordance with the Laser Construction Manual (LCM) and supporting the Class and its sailors. PSA is recognised as the most reputable and reliable Laser builder in the world.

‘PSA would like to continue this proud heritage in the manufacture of the Kirby designed boat.

‘PSA is not in breach of any of our agreements with Kirby, ILCA or ISAF and have been paying our royalties and dues to the designer Kirby, ILCA and ISAF in full.

‘PSA fails to understand why any Laser builder would knowingly breach their agreements with the designer, ISAF or the ILCA. PSA does not support such activity and renounces such behaviour vehemently.

‘As a current compliant builder of Laser boats, and an owner of the Laser Trade Mark, PSA has not been consulted by the ILCA or ISAF with respect to their proposal to keep issuing plaques to a boat building company that has failed to comply with their Laser builders contract and has lost the right to build the Kirby Designed boat. (As the Laser is referred to in the LCM.)

‘PSA does not support this action by the ILCA and ISAF, which is in contravention of the LCM.

‘Any changes to the LCM (including changes to the plaques) requires approval of all the signatories, these include Bruce Kirby Inc. and PSA. Without those signatures any boats built are not Class legal boats.

‘For ILCA and ISAF to attempt to change the rules regarding the manufacture of the Kirby designed boat (currently called a Laser) without due process and consideration of all stakeholders is contrary to the principles of our Class.

‘It is against the sailor’s best interests, the best interest of the builders who do comply with their contracts and support the Class at Olympic, World, Regional and National level, in fact the very future of the Class within ISAF and the Olympics.

‘PSA would urge all sailors and ISAF Member Nations to support designers and authorised builders across all classes of sailing by acknowledging the invaluable role they play within our sport in creating and developing the equipment necessary for us to go sailing at whatever level we choose.

‘It is up to the sailors to make their elected officials accountable for their actions and to ensure the system and the rules which have been developed over many decades, and have served the sport of sailing well, are respected in order to protect the very future of our sport.

Chris Caldecoat General Manager PSA.

After receiving this statement we asked Caldecoat just how ISAF proposed that PSA should proceed to build class legal Lasers, with the new regime in place.

We asked them that, he said. The very unhelpful reply was ‘Do what you have to do.`

We confirmed that PSA have asked for and been told they will not get the official Laser plaques they have used for 40 years with Bruce Kirby´s name on them, even though they are happily paying design royalties.

So to build Lasers, they would have to use the new non-Kirby plaques, which are now, as of today part of the US Federal court case in which they to date have had not part

It would seem that the only class legal Laser builders in the world is in a legal no man’s land.

With the ISAF mid-year conference in Copenhagen starting on May 9th, Sail-World understands that numbers of MNA´s are planning to ask ISAF to think very deeply about the immediate consequences of its actions, the legal risks for ISAF and the ramifications for dinghy design in coming years.

Today we will be asking Tracy Usher, the ILCA President, Jeff Martin, the ILCA Executive Secretary and Jerome Pells, the ISAF Secretary General to detail for the public record just how they propose existing builders PSA and Performance Sailcraft Japan, who have been paying Kirby´s design royalties as well as ISAF and ILCA fees, should proceed to build Lasers without risk of being drawn into the Bruce Kirby versus Laser Performance Europe, ISAF and ILCA court case.

We will publish their responses in full.

2013 ISAF Sailing World Cup Hyeres - Laser -  Thom Touw_©   Click Here to view large photo


by Rob Kothe and the Sail-World Team

  

Click on the FB Like link to post this story to your FB wall

http://www.marinebusiness-world.com/index.cfm?nid=109036

1:11 AM Wed 1 May 2013GMT


Click here for printer friendly version
Click here to send us feedback or comments about this story.

Click for further information on
2013 Bruce Kirby Inc vs PSE, ISAF, ICLA etc.,

Related News Stories:

30 Apr 2013  Laser ISAF ILCA action brings expanded Bruce Kirby law suit
24 Apr 2013  It's the boat that matters, not the name
24 Apr 2013  Laser Legal tangles continue
24 Apr 2013  Statement from the International Laser Class Association
24 Apr 2013  ISAF Statement On International Laser Class
12 Apr 2013  Kirby Torch replaces Laser, production heads to Canada
11 Apr 2013  The Kirby Torch - Latest news after Laser lawsuit
23 Mar 2013  ISAF speaks out about Laser Class dispute






Marine Business News

2014 Airlie Beach Race Week - Whitsunday Sailing Club is thrilled after winning the Major Festivals and Events category for Airlie Beach Race Week at the 2014 Whitsunday Tourism Awards. ... [more]  

AIRBUS and Oracle Team USA have forged a technology partnership. As Official Innovation Partner of Oracle Team USA for the 35th America’s Cup, AIRBUS will share the know-how of its engineers and experts in fields such as aerodynamics, instrumentation and simulation, composites, structures, hydraulics and data analysis to work with the Oracle Team USA design team. ... [more]  

October 23, 2014: The AUDUSD held steady at 0.8780 while the NZDUSD traded around 0.7915. Geopolitical issues remain a serious threat to stability and market confidence. The NZD will today be lead by the Q3 CPI data out at 10.45am, expectations are for a dip to 1.2%q/q ... [more]  

Next month, Terry Greenwood of British Cycling will be speaking at the 13th International Sailing Summit (ISS). He will reveal the concept behind the triumphant revival of British Cycling as inspiration of an ambitious future for the sailing industry. ... [more]  

In an unprecedented show of unity and purpose, five of Australia’s top fishing and TV personalities have joined the call for the next government of Victoria to establish Port Phillip Bay as a recreational fishing reserve. ... [more]  

We have recently strengthened our team with some key new appointments. Graham Raspass – (founder of SailTime Australia) has joined the team in the role of NSW importer for Beneteau Yachts. In this role Graham will be responsible for all aspects of the Beneteau operations in NSW going forward. ... [more]  

This partnership brings together two truly functional and enthusiastic events for what will become Australia’s premiere 4x4 and marine super expo. But it doesn’t end there. The ethos behind Explore Australia Expo is to substantially grow the consumer pool by enticing and engaging not only the converted enthusiast but also newcomers and those within parallel or fringe categories. ... [more]  

Ferruccio Rossi was recently appointed as new Group President / General Manager of Sanlorenzo Spa, the Italian shipyard leader in the production of strictly tailor made motor-yachts, at the second place in the world ranking of top 20 builders over 24 meters (Global Order Book 2014). Rossi will report directly to the Chairman / CEO Massimo Perotti. ... [more]  

The Barcelona International Boat Show closes its doors in Port Vell this afternoon and confirms a trend towards recovery in the sector. Over the course of five days, the show which presented 120 new products and 650 vessels recorded a large turnover and number of visitors, who were able to take an active part in more than 100 programmed activities. ... [more]  

October 22, 2014: The Slipping USD did support the associated currencies, with the AUDUSD again testing 0.8800, while the KIWI awaits further carry trade. The NZDUSD looked to do gathering strength for another attempt at 0.8000, supported by attractive interest rate differentials, before taking a turn for the worst to trade 0.7935. ... [more]  

RMYC Port Hacking Sailing Division has been using 'Race Logger', an Android App to assist in management of the club’s offshore racing programs. The club has a proud tradition for timely production of race results with Vice Captain, John Barter generally uploading the race result to the club’s website before members have returned to the clubhouse. ... [more]  

The famous Henri Lloyd Summer Sample Sale is on again kicking off Friday 24th October 2014 at the Henri Lloyd showroom in Crows Nest, Sydney! Huge range of samples and discontinued lines from Henri Lloyd's marine, footwear and lifestyle collections for men and women. Discounts of up to 80% off original RRP! ... [more]  

Groupe Beneteau today announced its sponsorship of the US Sailing Team Sperry Top-Sider and ISAF Sailing World Cup Miami. Groupe Beneteau, the parent company of Jeanneau and Beneteau sailing yachts and Lagoon catamarans, is the world’s leading yacht builder, and will now become a significant presence in high-performance sailing with its support of both the US national sailing team ... [more]  

After 18 years leading one of the world’s most influential yacht brokerage houses, Nicholas Edmiston, the founder, is to step back from the day-to-day management of the business. Jamie Edmiston will become Chief Executive with immediate effect, with Nicholas serving as Chairman. ... [more]  

One of Australia's oldest production yacht importers has changed its name to more accurately reflect the products on offer. Effective from October 17, US Yachts will be known as Performance Cruising Yachts. Explaining the name change, former Olympian and Managing Director of the company, Matt Hayes, said it was something he had been pondering for some time. ... [more]  

October 21, 2014: The Dollar continued to retreat under the expected extension of the Fed's QE. The EUR moved to 1.2800, while the GBP booked further gains, to trade 1.6160. Commodity prices remain weak, but the flagging reserve boosted the AUD back towards 0.8800 and the KIWI to 0.7950, despite a fall in consumer confidence. ... [more]  

PredictWind have made significant improvements to the swell forecasting models and added new locations. Integrating the new 50km global wind forecast with ocean current data has created the most advanced swell modelling available online. By combining PredictWind forecast data with ocean current data, the effect of the wind on swells can be accounted for ... [more]  

Imagine finishing the Coastal Classic and relaxing in your own waterfront home at Opua with your boat tugging gently on a deep-water mooring off the lawn. Built to an architect design in 2000, this north-facing waterfront Opua property is a short walk to the marina and boatyard. It is going to auction on November 22. View this Labour Weekend after the Coastal Classic. ... [more]  

The event has historically been conducted at the Brisbane Showgrounds, however as a result of the significant construction and redevelopment of that venue, it has presented many operational difficulties in continuing todeliver a high quality event expected by exhibitors andvisitors to an industry boating showcase. ... [more]  

MMC has presented PaddleNSW with 50 new generation lifejackets so its coaches and instructors can help role model behaviour to further encourage everyone on the water to wear lifejackets. 'The lifejackets will be used to kit out PaddleNSW’s network of training staff and volunteers in key locations across NSW,' said MMC General Manager Howard Glenn. ... [more]  

The Australian marine industry is singing the praises of the fourth annual Gold Coast International Marine Expo, reporting strong sales and even greater prospects in the lead-up to summer. 'Based on exhibitor feedback, the total sales at the Expo alone would certainly be in the order of tens of millions of dollars,' she said. ... [more]  

Headsync, of Newport, R.I., has been named as the East Coast distributor for Gobius products. Gobius’ unique external monitors require no modifications of existing tanks, and unit can adapt to existing onboard gauges. External measuring of black water tanks is more effective because the gauge never comes in contact with the fluid, avoiding clogging issue associated with in-tank systems. ... [more]  

The Australian Superyacht and Marine Export Industry Conference is partnering with the Sanctuary Cove International Boat show for the fifth consecutive year with SCIBS recognizing the international exposure and attraction of industry players the conference brings to the boat show. ... [more]  

2014 Gold Coast International Marine Expo - Marine Syndication, a division of Marine Auctions, was in full swing at the Gold Coast International Marine Expo that took place at the Gold Coast Marine Precinct in Coomera. ... [more]  

More than 13,000 visitors flocked to Scotland’s Boat Show 2014 (SBS14) at Kip Marina, Inverclyde last weekend as the boating world showed off everything from a £500 dinghy to an £800,000 Sunseeker luxury powerboat. SBS14 is the largest boat show in Scotland and the third largest in the UK and, with over £15m worth of boats on display, there was something for every budget. ... [more]  

RYA Scotland Annual Awards - As the end of the year gets closer it is time to review the season and time spent on the water. People taking up the sport for the very first time and the new skills they have learned, the young performance sailors who have brought home national and world titles, the 250 boats and thousands of spectators who witnessed the Commonwealth Flotilla and all the people ... [more]  

2014 Gold Coast International Marine Expo - The awe-inspiring aerial antics of the Extreme High Diving show at this weekend’s 2014 Gold Coast International Marine Expo have a whole new flavour, with McDonald’s signing up as an event partner. ... [more]  

Alongside the line-up yachts and boats by international and local brands, visitors to this year’s Yacht CN will have a chance to enjoy the exciting Moto Surf China Race, passionate samba dances, bikini model shows, international music band performances, and popular international DJ music on-site. ... [more]  

Boyan Slat is a 20-year-old on a mission - to rid the planet's oceans of floating plastic. He has dedicated his teenage years to finding a way of collecting it. But can the system really work - and is there any point when so much new plastic waste is still flowing into the sea every day? ... [more]  

Discover Boating Week starts tomorrow by Boating Industry Association
Discover Boating Week is a celebration of the recreational boating lifestyle and the joys and fun that come with spending quality time on the water. Whether you're a fisherman, paddler or sailor, there is something for everyone. Over 40 events will be taking place across the state from October 18 - 25 and the best part is, they all absolutely free! ... [more]  

October 17, 2014: Markets continued to leak overnight despite attempts by St Louis Fed President Bullard to calm the storm. He advocated further extension of monetary stimulus to combat the sharp collapse in confidence. The European Union is under extreme pressure ... [more]  

Great start to another massive Gold Coast International Marine Expo by Emma Milne/Gold Coast International Marine Expo
The Gold Coast International Marine Expo – open all weekend – is a marquee event for the marine industry and has delivered on its promise of 'all things aquatic – from super yachts and jet skis to kayaks and fishing equipment … and everything in between'. ... [more]  

The Australian Sailing Team has today official opened an extended deck at the National Training Centre at Middle Harbour Yacht Club in Sydney. Australian Institute of Sport (AIS) Director Matt Favier officially opened the extension, which upgrades the Australian Sailing Team’s AIS Training Centre to integrate Paralympic training and to accommodate more rigging and launching area ... [more]  

Research project concludes Glycerine -a clean alternative marine fuel
2014 Fort Lauderdale International Boat Show - About to start
DualDocker welcomes Gerhard Bukac as International Sales Manager
Hood Sails – an Australian sail-making icon
Boating bodies combine to launch First Safer Boating Week
Collinson FX Market Commentary: October16, 2014 - Panic mode in Europe
Brad Stephens named Sales Agent for SMAR Azure in Australia and NZ
2014 Yachting Australia Awards - One day to go
2014 Gold Coast Int'l Marine Expo - One more sleep until massive event
Collinson FX Market Commentary: October15, 2014 - Oil a victim
Teijin Aramid increases prices for Twaron Aramid products
Dr. Shrink tightens distribution in Russia
Doha's Mourjan Marinas – Lusail City to expand
Boats recovery after Sydney storm
Partnership to encourage lifejacket use
The feud that sank Wharro's Wild Thing
Ocean Safety appoints additional Sales Coordinator
Barcelona Int'l Boat Show - 120+ new products and a hundred activities
Discover Boating Week opens up opportunities to participate
Southern Spars team celebrates 25 years of success and innovation
605 Sportsfish named Australia's Greatest Boats 2015 Finalist!   
2014 Gold Coast International Marine Expo - Multihulls set to dominate   
Gold Coast International Marine Expo - NAB customers the big winners   
Icarus Sailing Media partners with Ace Electronics Enterprise   
ACI launches construction of Marina Slano   
Vaughan Bullivant cuts Daydream Island price tag to $30 million   
Delegate registration opens for marine15   
Sir Ben Ainslie praises British superyacht apprentices   
2014 GC Int'l Marine Expo - Club Marine’s Bart Beek shares the secret   
Collinson FX Market Commentary: October11, 2014 - Ominous correction   
The Barcelona World Race at the Barcelona International Boat Show   
United States Sailboat Show - Alistair Murray honored in Annapolis   
Collinson FX Market Commentary: October10, 2014 - Europe about to blow   
Superior on show at 2014 Gold Coast International Marine Expo   
Gold Coast International Marine Expo - Boats to behold … and much more   
'Largest ever' U.S. Sailboat show cruises into Annapolis   
Collinson FX Market Commentary: October 9, 2014 - KIWI jumps to .7900   
Sail Canada - Keel and Power Programs at AGM   
IBEX 2014 reports 47 percent increase in attendance   
Superior set for METS and enters Waterscape in DAME Awards *Feature   


For this week's complete news stories select    Last 7 Days
   Search All News
For last month's complete news stories select    Last 30 Days
  







Sail-World.com  


















Switch Default Region to:

Social Media

Asia

Australia

Canada

Europe

New Zealand

United Kingdom


http://www.sail-world.com/event_images/image/Twitter_logo_small.png http://www.sail-world.com/event_images/image/FaceBook-icon.png  http://www.sail-world.com/event_images/image/RSS-Icon.png

United States

Cruising Northern

Cruising Southern

MarineBusiness World

PowerBoat World

FishingBoating World

 

Contact

Commercial

News

Search

Contact Us

Advertisers Information

Submit news/events

Search Stories/Text

Feedback

Advertisers Directory

Newsletter Archive

Photo Gallery

 

Banner Advertising Details

Newsletter Subscribe

Video Gallery

Policies

 

 

 

Privacy Policy

 

 


Cookie Policy

 

 



This site and its contents are © Copyright TetraMedia and/or the original author, photographer etc. All Rights Reserved.  Photographs are copyright by law.  If you wish to use or buy a photograph contact the photographer directly.
XLXL NEW MBW
LocalAds   DE  ES  FR  IT