MESSY: ISAF Statement On International Laser Class
Published on April 23rd, 2013
(April 23, 2013) – On 22 March the International Sailing Federation (ISAF) published a statement concerning the Laser Class dispute and proceedings filed by attorneys acting for Bruce Kirby.
Since then, Bruce Kirby Inc. published information regarding the launch of the “Kirby Torch” boat. The legal situation is on-going but ISAF can confirm that:
* ISAF has been named a co-defendant in the legal proceedings filed in the US District Court by attorneys acting for Bruce Kirby.
* ISAF strongly denies the allegations made against it in the proceedings.
* The International Laser Class Association (ILCA) is recognized by ISAF as responsible for the organization and administration of Laser dinghy activities worldwide.
* The Laser dinghy has been selected by ISAF as the equipment for the Men’s and Women’s One Person Dinghy events at the 2016 Olympic Sailing Competition (with corresponding contractual arrangements in place).
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.(see revised 2013 handbook, page 35)
The requirements for new classes to obtain designation as an ISAF Class are defined in ISAF Regulation 10. ISAF Regulation 23 defines how an ISAF Class can be selected as equipment for the Olympic Sailing Competition.
ISAF remains committed to working with all the parties to the dispute in order to negotiate a settlement. Our primary concern is for the sailors around the world and we will continue to work towards a resolution. – ISAF, http://www.sailing.org/news/34222.php.
Here is Bruce Kirby’s response to the ISAF statement dated April 23, 2013: “The only path forward that does not require a Court Order is the Kirby Torch. We remain available to negotiate with ISAF and/or ILCA if either or both of them is willing to meet.”
“The ISAF announcement confirms what we feared. It would appear ISAF has been complicit all along in the efforts of Laser Performance and ILCA to steal the Kirby Sailboat design by refusing to pay royalties, issuing plaques to terminated builders, and now using a flimsy pretext to alter the Laser class rules and purport to allow builders to make the Kirby Sailboat without Bruce Kirby’s authorization.
“The only path forward that does not require a Court Order is the Kirby Torch. We remain available to negotiate with ISAF and/or ILCA if either or both of them is willing to meet.”
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