September 17, 2015

Update on Kirby/LPE Litigation

by Pam

Karaya LASER TM Cancellation Proceeding (92/057,167)

TM for: SAILBOATS, AND PARTS AND ACCESSORIES FOR SAILBOATS - NAMELY, SPARS, BOOMS, CENTER BOARDS, RUDDER COVERS AND BOAT COVERS
10-Oct-14 Proceedings Terminated - contractual estoppel - the "Head Agreement" dated July 11, 1983 stated BKI "shall not at any time question or contest directly or indirectly the validity of the trademark ‘LASER’” and would not do any act “which would or is likely to invalidate the trademark ‘LASER’ in any country of the world . . . "
Velum LASER TM Cancellation Proceeding (92/057,217)

TM (Service Mark) for: ORGANIZING SPORTING EVENTS, NAMELY, SAILING COMPETITIONS, AND REGATTAS; SAILING SCHOOLS
12-Oct-15 Plaintiff's Pretrail Disclosures
26-Nov-15 Plaintiff's 30-day Trail Period Ends
11-Dec-15 Defendant's Pretrial Disclosures
25-Jan-16 Defendant's 30-day Trial Period Ends
09-Feb-16 Plaintiff's 15-day Rebuttal Disclosures
10-Mar-16 Plaintiff's 15-day Rebuttal Period Ends

Kirby v. LP Lawsuit (3:13-cv-00297)
Parties: BKI - Bruce Kirby, Inc. (Plaintiff-Counterclaim Defendant)
BK - Bruce Kirby (Plaintiff-Counterclaim Defendant)
LPE - LaserPerformance (Europe) Limited (Defendant-Counterclaim Plaintiff)
QM - Quarter Moon, Incorporated (Defendant-Counterclaim Plaintiff)
ILCA - International Laser Class Association (Defendant)
GSL - Global Sailing Limited (Additional Counterclaim Defendant)
PSA - Performance Sailcraft Pty. Ltd. (Additional Counterclaim Defendant) - DISMISSED 11-20-14
KL - Kayara (Jersey) Limited (Defendant) - DISMISSED 2-27-14 - lack of personal jurisdiction
VL - Velum Limited (Defendant) -
DISMISSED 2-27-14 - lack of personal jurisdiction
ISAF - International Sailing Federal Limited (Defendant) -
DISMISSED 2/27/14 - lack of personal jurisdiction
FR - Farzad Rastegar (Defendant) -
DISMISSED 2/27/14 - failure to state claim
Pending
Motions
174 Motion to Dismiss by ILCA
180 Motion for Summary Judgment by BK, BKI
183 Motion for Summary Judgment by ILCA
184 Motion for Summary Judgment by GSL
186 Motion for Summary Judgment by LPE, QM
18-Sep-15 2:00 PM Hearing on 174, 180, 183, 184, 186 motions


Update: 9-18-15 Minutes

12 comments:

  1. Replies
    1. The beat goes on ...

      Looks like the trademark office see issues that need to be ruled on with the LASER trademark as it pertains to running regattas and Kirby isn't barred from pursuing it like he is on the boat/parts LASER trademark. That is a good thing. I would think even the ILCA would be concerned about LPE overstepping with the trademark covering running regattas since that is sort of what the ILCA does and certainly don't want to get caught having to pay licensing fees to LPE in order to do their job.

      As for the Kirby/LPE litigation ... more motion practice and we'll have to wait for the Judge to review the issues and make a decision on who stays in play and who gets a pass.

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  2. Some crazy old rich people are fighting over who gets to keep the biggest slices of a rapidly shrinking pie.

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  3. So what happened at 2:00 pm on the 18th?

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  4. This comment has been removed by the author.

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    Replies
    1. No decisions. All motions are under advisement. Maybe some more folks will get to walk away from the litigation and maybe not.

      Delete
  5. Some moderately rich people being paid by the insanely rich crazy old people said a lot of big words and agreed to carry on being paid for a few more months by the insanely rich crazy old people.

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  6. Doug / Pam.

    1) Love the blog.

    2) Have you ever sourced gelcoat for Dougs aussie laser? I have one and cant find any info about the aussie hull colours on the internet.

    Thanks as always.

    ReplyDelete
    Replies
    1. Doug is attempting to check with PSA. Still waiting to hear back.

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    2. I checked with PSA and they are not permitted to mail us gelcoat (dangerous goods) so I'll check to see if we can get one of the Aussies to bring some to the next Master Worlds.

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    3. OK, I've got a little Aussie gelcoat thanks to Fred who did an awesome job.
      Contact me for more info.

      Delete
  7. Thanks Guys,
    I am also hoping to locate the magic "RAL" code for the hull colour. This is the coding used in Europe to denote the colour in order it can be made up by any paint shop.
    Ill post back if I locate it.
    Ronan 192703

    ReplyDelete

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