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nutonthetiller View Drop Down
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Posts: 31 		Post Options Post Options   Quote nutonthetiller Quote  Post ReplyReply Direct Link To This Post Topic: TheLaserClass
    Posted: 15 Nov 20 at 8:50am
https://us10.campaign-archive.com/?u=800700d6e234e3a2f2b1f3c3c&id=039432a480
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JimC View Drop Down
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Posts: 6661 		Post Options Post Options   Quote JimC Quote  Post ReplyReply Direct Link To This Post Posted: 03 Feb 21 at 2:52pm
The "final" (bet its not!) judgment is up in Kirby v Laser Performance etc.
Here though, is a document of the same date which seems to have the conclusion:

https://ecf.ctd.uscourts.gov/cgi-bin/show_public_doc?2013cv0297-651

I liked this quote from the judge:


It is hard to view defendants’ dogged litigation of this action as much more than a stalling tactic against an elderly man—Bruce Kirby—in hopes of delaying or deferring altogether a day of reckoning.


And the conclusion. Actually collecting the money, on the other hand, may not be so easy.


CONCLUSION

For the foregoing reasons, the Court DENIES the defendants’ motion to dismiss and for new trial (Doc. #641), and the Court GRANTS in part and DENIES in part plaintiffs’ motion for entry of judgment as explained above (Doc. #610). The Clerk of Court shall prepare a separate judgment reflecting the following:

• Judgment in favor of BKI on its Lanham Act claims (Counts One and Two) against QMI, and a Lanham Act damages award of $2,056,736.33 against QMI;

• Judgment in favor of Kirby against QMI and LPE for misappropriation of Kirby’s name (Count Three), with a nominal damages award of $1 against QMI and a compensatory damages award of $2,520,578.81 against LPE;

• An award of attorneys’ fees under the Lanham Act in favor of BKI against QMI in the amount of $734,528.30; and

• An award of punitive damages on Kirby’s misappropriation claim in the amount of $804,179.44 against both QMI and LPE, who shall be jointly and severally liable for the full amount. Upon payment from the defendants of a total amount of $734,528.30 to Kirby and/or BKI for attorneys’ fees (including all amounts paid by QMI to BKI for Lanham Act attorneys’ fees), defendants shall not owe any additional sum to either Kirby or BKI for the attorneys’ fees component of the punitive damages award.

Upon separate entry of judgment, the Clerk of Court shall close this case. In light of the mathematical complexity of the award calculations in this case, if any party believes that this ruling is based upon a clear computational error, they are encouraged to file a timely motion for reconsideration or motion to re-open the judgment rather than litigating a claimed error of math in the first instance on appeal.

It is so ordered.

Dated at New Haven this 1st day of February 2021.

/s/Jeffrey Alker Meyer

Jeffrey Alker Meyer United States District Judge
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Dougaldog View Drop Down
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Posts: 356 		Post Options Post Options   Quote Dougaldog Quote  Post ReplyReply Direct Link To This Post Posted: 03 Feb 21 at 3:34pm
Jim C - I make the final total to be something north of $6m. Are you a betting man and if so, what odds are you putting on anything like that ever being paid?

Maybe the bigger question now is on the impact the judgement will have/may have on the boat going forward!

D
Dougal H
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JimC View Drop Down
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Posts: 6661 		Post Options Post Options   Quote JimC Quote  Post ReplyReply Direct Link To This Post Posted: 03 Feb 21 at 9:23pm
I'm not (I hope) foolish enough to make any bets about anything involving the US legal system.
AIUI Laser Performance Europe has been more or less dismantled, and all its assets transferred elsewhere. It would be unsurprising to see it fall into bankruptcy. Whether that means the assets it used to own, some of which I believe it was contractually forbidden to rehome, are out of reach of the US legal system is something I'd be an ever bigger fool to venture an opinion on.

The quote from the judge about stalling tactics might be of relevance, at least for his opinion of the litigants.
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Do Different View Drop Down
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Posts: 1312 		Post Options Post Options   Quote Do Different Quote  Post ReplyReply Direct Link To This Post Posted: 03 Feb 21 at 9:54pm
Shows how clueless I am; now watched a video walk through of the Ovington factory and they kept mentioning Ilkas.  They really looked like Lasers. 
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fab100 View Drop Down
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Posts: 1005 		Post Options Post Options   Quote fab100 Quote  Post ReplyReply Direct Link To This Post Posted: 04 Feb 21 at 10:48am
What we need next is a ban on LPEs directors acting in that capacity in any UK (or other) business.

And ISAF (or whatever they are called this week) should be making a huge apology to Bruce Kirby. If they'd made the right decision and supported him (the clearly wronged party) at the outset it would have saved everyone lots of stress and grief. I contend their behaviour was appalling too.
Great book for Club Sailors here
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JimC View Drop Down
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Posts: 6661 		Post Options Post Options   Quote JimC Quote  Post ReplyReply Direct Link To This Post Posted: 04 Feb 21 at 11:06am
World Sailing were largely doing what the Class Association wanted them to, and its difficult to find too much fault with that.

The impression I had was that the rule changes to LPs advantage were strongly supported, even instigated, by the then ILCA president, Mr Heini Wellman, who is one of the major names behind this breakaway Class Association, so clearly he's convinced that a strong relationship with LP in whatever form they are is vital for the class.

By making the change the CA managed several years of business as usual, which would otherwise have been chaotic, but maybe that's led to worse chaos now. No-one ever gets to find out what *would* have happened...
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fab100 View Drop Down
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Posts: 1005 		Post Options Post Options   Quote fab100 Quote  Post ReplyReply Direct Link To This Post Posted: 04 Feb 21 at 12:46pm
Originally posted by JimC

World Sailing were largely doing what the Class Association wanted them to, and its difficult to find too much fault with that.

The impression I had was that the rule changes to LPs advantage were strongly supported, even instigated, by the then ILCA president, Mr Heini Wellman, who is one of the major names behind this breakaway Class Association, so clearly he's convinced that a strong relationship with LP in whatever form they are is vital for the class.

By making the change the CA managed several years of business as usual, which would otherwise have been chaotic, but maybe that's led to worse chaos now. No-one ever gets to find out what *would* have happened...

Interesting. 

I don't understand how any person or organisation could possibly support an organisation that has a monopoly cash-cow, but chooses not to pay the royalties that grant that monopoly status for what was it, seven years?

And that enthusiasm for LP could be interpreted differently of course, but I couldn't possibly comment.

I have learned over the years though that a good way to understand people is through the company the choose to keep.

I've been a laser owner for 30 years (gulp). LP have always been appalling with their supply chain (my brother used to work for Proctor Masts, getting paid by LP was blood-out-of-a-stone) but the last 10 years or so have been beyond a joke
Great book for Club Sailors here
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423zero View Drop Down
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Posts: 3420 		Post Options Post Options   Quote 423zero Quote  Post ReplyReply Direct Link To This Post Posted: 04 Feb 21 at 1:30pm
TLC, now offering logo kit to convert your ILCA legal Laser into a TLC legal Laser.
Robert
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