America’s Cup: Bring on the lawyers

It wouldn’t be the America’s Cup without litigation, and this time it is between long time supplier North Sails and the Defender, Emirates Team New Zealand. In an earlier era, team’s relied solely on suppliers, but with much now being done in house, these two entities are disputing what they did together.

North Sails initiated legal action against the Kiwi team to challenge the validity of a patent owned by the team. The dispute regards a mainsail luff design feature which North contends involved both parties, but the patent failed to credit North as co-inventor. Their lawsuit seeks to correct what they claim to be an error.

If Team New Zealand ultimately prevails and its patent is upheld and enforceable, challengers may need licenses, design changes, or other arrangements to avoid infringement. Conversely, if North succeeds in proving that the inventorship or ownership is incorrect, it could substantially alter who controls one of the defining sail technologies of the AC75 era.

According to Team New Zealand, they “have been given no choice but to defend its valid patent, intellectual property, and a number of factually inaccurate accusations, so has filed its response to North Sails US lawsuit seeking an immediate dismissal.”

Defender New Zealand and Challenger of Record from Great Britain confirmed the Protocol for the 38th America’s Cup on August 12, 2025. The close of the initial entry period was October 31, 2025, with late entries considered up to March 31, 2026.

The AC75 has a helm and trimmer on each side of the boat along with a fifth crew position and a sixth passenger position.

38th America’s Cup: https://www.americascup.com/

38th America’s Cup entrants:
• Emirates Team New Zealand (NZL) – Defender
• Athena Racing (GBR) – Challenger of Record
• Luna Rossa (ITA) – Challenger
• Tudor Team Alinghi (SUI) – Challenger
• La Roche-Posay Racing Team (FRA) – Challenger
• American Racing Challenger Team USA (USA) – Challenger
• Team Australia (AUS) – Challenger

After the 2024 event, Barcelona, Spain declined hosting another edition, with the venue moved to Naples, Italy. Challenger racing is May 22 to July 4 before the 38th Match on July 10-19. Full details.

Preliminary Regattas:*
May 22-24, 2026 – Cagliari, Italy
September 24-27 – Naples, Italy

* The Protocol noted how there would be as many Preliminary Regattas as possible, with the intent to have three during 2026 and one possibly in early 2027, and a final event at the Match Venue immediately prior to the challenger series. Only two have been thus far revealed.

Source: AC media