Prediction: The America's Cup Will Be Won By...

By Doug

Besides being a human tragedy, the America's Cup now has boats that are so specialized that capsizing demolishes both the rig and the boat.

So, here's my prediction: there's a real chance that America's Cup final will be won not by the fastest or the smartest, but by the country that does not fall over. It's happened before:

 

"Those guys were going too fast, they lost control."

Tom Slingsby - Good, Clean Fun!

Olympic Hopeful - Jeremy O'Connell

http://www.jeremyoconnell.org/ 

Stuff Happens!

by Pam

Last weekend was supposed to be a nice relaxing weekend at a J/22 circuit stop.  Doug and I were going to crew together on a keelboat for the first time.  We were supposed to have a gentle breeze and I was going to do bow with Doug in the middle calling tactics and handling the jib and spinnaker.  Stuff happened!  On day two, our skipper, who is a successful litigator, commented that if weathermen could be sued for malpractice, he’d be a rich man. 

Some stuff was good, like our skipper winning his first circuit race and finishing third overall.

Some stuff was bad, like Doug taking a blow from the boom that sounded like it hit a home run across his head. 

Some stuff was weird, like a gust that lifted us then suddenly dropped us with Doug rolling backward off the side of the boat without a life jacket a few yards short of the finish line.  I went from bow to helm as the skipper pulled Doug back into the boat so we could finish.  We didn’t even lose a spot because the race had already been cursed and we were dead last.

There was funny stuff that left me with some visuals that make me laugh out loud.  Doug trying to get down from the boat while it was on the trailer.  He was hanging from the bow with legs flailing and then wrapping around the outside of the ladder that goes from the bow to the trailer.  There was also the friendly advice from a local who had seen Doug and the skipper stepping the mast on day one by just lifting it up into place like a Laser.  No shrouds attached or anything and fully at the mercy of the wind and luck.  It plays like a cartoon in my head.

We had some WTF stuff with both spinnaker lines wrapping themselves around the forestay requiring untying everything just to get it down.  I’m sure the skipper was amused, dumbfounded, and a little panicked at times with all the baffoonery unfolding before him as Doug and I struggled to tack and raise/lower sails.  Luckily, Doug’s tactics were enough to keep us in the mix despite the monkey business.

At the end of the weekend, I looked and felt like I’d had the stuffing beat out of me.  Bruises from head to toe.  And Doug, bless his cold blooded Canadian heart, wasn’t the least bit sore and didn’t have a mark on him.  I’ve taken that same blow to the head and couldn’t brush my hair for a week.  Doug had a cut on his ear but couldn't even find where the boom had hit him.  Someone needs to study that man.  He doesn’t bruise, EVER.  Bleeds like a sieve but remains unmarked.  It's got to be a Canadian thing.  

So, our first time crewing together on a keelboat.  Not a weekend we'll soon forget but I can't imagine that Team Peckover will ever be in high demand unless, of course, someone needs a good laugh and a little scare all at the same time.

The High Price of Making Sailing a Spectator Sport?

By Doug

When I was living in Sydney in the early 70's, I had the good fortune of helping Frank Bethwaite with some of his wind tunnel testing for the Little America's Cup. The boats for this event were large catamarans with an open sail plan. Frank's design was radical at the time - to have solid wings instead of sails. He would set up different configurations and fire up his wind tunnel and I'd sit under it to record the caliper readings for both lift and drag.

Today's AC's design

It was fascinating to watch Frank at work. He was much more interested in the lift readings than the drag readings and was constantly looking for more lift. He did not bother testing a single wing configuration but instead focused on how two would best work together. I never understood this and assumed he knew this from his piloting days - how the extended flaps on a landing aircraft are actually two wings working together when maximum lift is needed.

Frank's designs were never used in the Little America's Cup, but it will surprise no one who knew him that his brilliant designs from 40 years ago are the same as the computer-aided designs being used on today's AC42s and AC72s.

Intentionally unstable hulls?

When we saw Frank in Sydney just before his passing last year, it was fascinating to talk about how his designs have held up and evolved over all these years. One question I had was about the current AC hull designs - they did not seem stable enough to manage the force of the wing sails and were burying and pitch-poling. This was especially true when bearing off from the weather mark when the rig powers up before the boat has had a chance to accelerate. The result is like putting a V8 on a tricycle.

I asked Frank if he thought the hull design was intentionally narrow and unstable so that there would be wipe-outs to make the AC sailing more of a spectator sport. He thought for a moment and then said "yes."

I'm not a designer, but even I can think of a way to make the bow less likely to bury without affecting its wave-cutting ability and speed. And I know that Frank would never have designed a hull that was intentionally unstable.

Pam and I join all sailors who mourn the tragic loss of loss of Bart Simpson. We sincerely hope that the hull design is reconsidered so that no one else gets hurt.

Rule 14

by Pam

Dear ISAF, 

Please remember Rule 14 when you meet in Copenhagan at the ISAF mid-year meeting.  Here is a reminder.

For those of you with more time on your hands than me ... the live stream of the meeting will be available from 07:00-15:00 (UTC) (09:00-17:00 local time) on Saturday 11 May on: www.sportsxstream.com/isafmeeting2013

NSTASLNSTASG

by Pam

Now, for a departure from Laser politics, let's try something sailing related. About time, huh Dave? Dave doesn't want history, geography, pop quizzes, politics, etc. Just teach him how to sail his Laser faster.  

At the recent starting clinic we attended, Andrew Campbell asked 'how many people get a line sight before the start of the race?' Many did. Then he asked, 'how they do that?' The standard way. Then he asked a darn good question. Ok, you have a line sight that tells you when you're on the line, 'what good does it do you?' It's 30 seconds before the start, boats all around you and you see from your line sight that you're on the line and, essentially, hosed. Yep, pretty much sums up my starting experience. So, he asked, how many of you have a line sight that is two boat lengths behind the line? When you hit that line sight, you can still do something about it. Why the heck didn't anyone ever tell me that before? That's a line sight with information and options. Even after he told us, it took me a minute to follow his diagram with the early line sight being further up the course than the 'on the line' line sight and then the light went on. Yes, I'm that slow when it comes to geometry. That tip right there was worth the price of admission.

Then, Ryan Minth talked about NSTASLNSTASG - 'no such thing as start line, no such thing as start gun.' Pretty much Doug's way of starting. Doug doesn't wear a watch and he doesn't care where the start line is. He lets everyone else keep time for him and he lines up next to them and when they pull the trigger he goes too. All he is trying to do is win the start with the guys right next to him. I had to laugh when Andrew asked what happens when you line up with a guy that's doing the NSTASLNSTASG and you're keeping time? They are only trying to beat you and don't care what time it is. This happened with Doug when sailing a Radial with the juniors last year at the Laser Nationals since they had the better turnout. Doug didn't pull the trigger and this poor girl says to him, 'please sir, can we start now?' Doug had no clue it was time to go. So, knowing the starting techniques of those beside you is fairly important. As in stay away from non-watch wearers. And if you start next to Doug, he counts in his head so talk to him and start a different countdown out loud and confuse him. There you go Dave. That's your go fast, beat Doug off the start line tip.

Ryan said the main goal of the weekend was to be uncomfortable and make mistakes. We did port starts, starboard starts, late starts, early starts, long lines, short lines and super short lines. I achieved the goal with flying colors. Didn't know if I was Arthur or Marthur half the time.

Laser Trademarks Up for Grabs?

by Pam

I originally wrote this back in November but took it down the next day to wait for a more appropriate time.  

As noted in my LaserPerformance United Unions post, Rastegar has quite the maze of confusingly incestuous entities.  It appears that he lost track and the result is that he may very well have lost some of the trademarks for LASER, SUNFISH, VANGUARD, ZUMA, RED DRAGON and NOMAD. 

Quarter Moon Inc. d/b/a Vanguard Sailboats sold several trademarks to Karaya Holdings Limited, an Irish entity, which then transferred the trademarks to Karaya (Jersey) Limited, a Jersey Island entity.  Seems fairly straight forward except that some errors in the transfer to the Jersey entity makes it questionable that the last transfer is valid which leaves everything still in the name of the Irish entity which is now dissolved.  Whether or not the errors can be papered behind to salvage ownership of the marks may have to be determined by a court of law.

So, to be specific on the errors, check for yourself.  Here is the Vanguard to Karaya Irish assignment and here is the Karaya Irish to Karaya Jersey assignment.  Look closely at the supporting document of the second assignment.  It’s just a name change from Karaya Jersey’s former name, Dorsal, to its current name.  Did you catch the error?  Who cares what the former name of Karaya Jersey is when it is Karaya Irish that owns the trademarks.  Note that the assignment was trying to go from an Irish company to a Jersey company and submitted a Jersey name change as evidence of assignment.  Even the US Patent and Trademark Office (USPTO) didn’t catch this error and incorrectly lists Karaya Jersey as the current owner.

So then, being curious, I pulled the publicly available paperwork for Karaya Irish to see if I could determine if they properly conveyed the trademarks to Karaya Jersey which would mean an easy filing with the USPTO to correct things.  What I found was that the paperwork did indeed list the conveyance to Karaya Jersey but they listed the transfer as of January 1, 2009.  If you go back and look at the name change document they filed with the USPTO, you’ll see that the name change from Dorsal Irish to Karaya Irish didn’t happen until February 23, 2009.  Meaning, it could maybe be argued that the trademarks were conveyed to an entity that wasn’t yet legally in existence.

But then the icing on the cake is that the Karaya Irish entity, which, at present, may be the last entity to hold clear title to the trademarks, was dissolved on October 22, 2010.  That might be a problem.  Hard to paper behind something when the conveyance was hosed up and the entity that needs to correct it is dead. 

Confused?  Easy to see how they lost track of which door the trademarks were hiding behind.  Doug drew the diagram above to make it simple.  It didn’t help matters that they had two Karaya entities and two Dorsal entities, a pair of each in each country, and in Jersey one became the other but in Ireland they remained separate and then 2 were dissolved, leaving only 1.  That’s just plain jacked up.

The LASER marks owned by Karaya that are possibly up for grabs are in the classes of goods that include sailboats and sails.  LP has another foreign entity, Velum Limited, that has owns the LASER marks that secures the class of services that includes regattas.  And that registration is jacked up too. 

Most people have heard about the critically received 8 year deal that LP secured with the US Inter-Collegiate Sailing Association to use LP manufactured boats exclusively for all national and semi-final college championships.  After securing such a deal, I predicted back in November that the ILCA would be influenced to go in the direction of following through with their fundamental rule change, which they did.  I mean from a business point of view, LP has the LASER trademarks and the 8 year exclusive deal with ICSA.  That seems like a fairly strong bargaining position.

But, let’s think about this.  If LP entities don't have clear title to the trademarks, can that be used to invalidate the 8 year exclusive agreement?  And, really, LP doesn’t even own the trademarks.  I mean, we all know that some how, some way, Rastegar is the ultimate owner but the ILCA’s fundamental rule change indicates that the manufacturer has to have trademark rights.  Legally, LP doesn’t own the trademarks but the ILCA doesn't elaborate on what 'trademark rights' means. But what if the LASER trademarks are totally up for grabs?

Then I found this very interesting post about why trademark holdings companies are a bad idea.  Skip down to the section titled: Legal Pitfalls of Licensing through Trademark Holding Companies:

"One of the defenses mounted ... for invalidity is that the licensor holding company doesn’t exercise sufficient control over its licensees. Rather, they argued, control is exercised by the holding company’s parent corporation and the holding company has therefore made a “naked license.” The remedy for a naked license is for the court to declare that the trademark in question was abandoned by the trademark owner."

Hmmm. 

Do Over Petition

by Michael O'Brien

Here is a petition for ILCA to redo the Fundamental Rule change vote.

http://www.ipetitions.com/petition/laser-fundamental-rule-change/

The statements by ILCA promoting the Fundamental Laser Rule change were materially incorrect and may have significantly biased the results. This petition requests that ILCA set aside the rule change vote and immediately revote on the proposed Fundamental Rule change.

The incorrect statements by ILCA in promoting the rule change were:

1. ‘a builder also needs a building agreement from Bruce Kirby or Bruce Kirby Inc. This provision is mostly historical. The rule was instituted at a time when Bruce Kirby held certain design rights.'

2. ‘The lawyers also informed us that the Kirby design patents had in fact expired. ... Therefore, we are proposing to change the rule to eliminate the 'building agreement from Bruce Kirby or Bruce Kirby Inc' requirement.'

Statement 1 is incorrect because the building agreement was not historical and was in fact highly relevant due to existing builder contracts. 

Statement 2 is incorrect and misleading. There never were patents and this statement gave the impression that Kirby rights had lapsed.

I don't want to litigate what is true and false. Rather, I want to see if there is a critical mass to get a more accurate membership vote on the future of the class.

Currently ISAF and ILCA are proceeding using the Fundamental Rule change vote. Whoever wins the court case, basing the future of the class on such a deeply flawed vote is unwise.

Who's Your Daddy?

by Pam

The Kirby situation has been weighing heavy on my mind. Doug and I have now had contact with attorneys from two parties and representatives from another two parties. 

I get that the officers of the ILCA are sailors, friends and good people just trying to do the right thing, with the exception of maybe one individual (according to multiple sources with years of personal experiences). Even Bruce Kirby would acknowledge that the officers are trying to do what they think is right. How can things get so messed up when so many people are trying to do the right thing?  Almost everyone involved in this mess from the sailors to the ISAF and even Rastegar are trying to do the right thing. The definition of “right” and “trying” seems to vary widely.

So, Doug and I were at a starting clinic last weekend. It was mostly juniors and they were quite skilled. I spent the first day getting rolled repeatedly and it reminded me of my brother. My brother is a tennis pro and when he wants to mess with his friend when playing tennis, he’ll stand in one place and hit the ball from one side of the court to the other and as his friend frantically runs back and forth he’ll call out, “Who’s your Daddy, who’s your daddy?” 

Well, those damn dear kids were my Daddy at that starting clinic. And before the end of the day, I had more daddies than I needed so I enjoyed a nice, long, leisurely, downwind sail back to the club all by myself. I started the day in the middle of a pod of dolphins and ended it surfing waves. It was a glorious day. The next day I sat out and watched while Doug played ‘Who’s your Daddy?’ and good as he is, sometimes he wasn’t the Daddy.

As my mind wandered on Kirby, the ILCA and ‘Who’s your Daddy?’ I was thinking about a guy I work with who is a strategic thinker. When I told him I was a sailor, he shared his first experience of sailing with me. Guy spent 10 years with the FBI and looks the part of FBI SWAT, which he was, but he also worked in cybercrime. He broke into the hard drives of terrorists and figured out how they think. Guy appears to have a photographic memory and he connects dots, weighs options and simplifies problems into very easy solutions. Which made his sailing experience all the more entertaining.

When Guy was younger, he and his brother were at the beach and decided to go sailing. It was a small boat with one sail and they were very briefly instructed and pushed away from the beach heading straight out into the ocean. About two miles out they decided to turn and go back to the beach. There was plenty of wind but they couldn’t get that boat to go anywhere and the sun was starting to set. So, they took turns tying the painter around themselves and swimming the boat back to shore. Obviously they went out on a run and were head to wind on the return. They solved their problem with a crude but effective solution.

So, as these things popped into my head, I got it. The officers of the ILCA are good people.  They are intelligent and they are trying to do the right thing but they are volunteers. Sailing is their game. Dealing with the politics of sailing and hostile takeovers is not their thing. The appearance is that they have chosen sides and sided with Rastegar. From what little I know, I think Rastegar has been playing ‘Who’s your Daddy?’ with the ILCA and others for many years now and they are frantically running from one side of the court to the other. Despite their intelligence and desire to do the right thing, they are out of their element and, at best, their solutions in the business game, will be crude, like swimming a boat back to shore instead of sailing it. All the parties involved in this mess think they are looking down the road but some parties are thinking about the good of sailing and other parties are not. On a race course, I’ll bet on a sailor but in business, that would be an unwise bet.

Last week I had a friendly dispute at work and it was suggested that we solve it with the “champion” method and the other party said, ‘I pick Guy, your pick.’ Trying to think of something Guy couldn’t do, and since Doug had met all these people, I said, I choose Doug and I choose sailboat racing since I know Guy prefers to swim boats around the course. Guy, who could have easily been named Tank, strolls over and casually warns me that he’s been highly trained to sink any and all types of watercraft and maybe I should reconsider. Well, it is clear that not only would Guy win, but I would have a perfectly good Laser at the bottom of the lake when he was done and with the uncertain supply of where to buy new Lasers these days, it was easier to just admit defeat.

Hiring a Guy type who can get into the heads of terrorists that like to blow things up would surely come up with a more elegant solution to the Laser mess than all the conflict that has increased as a result of crude solutions. After all, who has any clue what motivates Rastegar? Why is a non-sailor in the sailing business? We all know that there is no money to be made in sailing. At least not the way he’s running the business. Does the man just like playing ‘Who’s your Daddy?’ with the various parties? How I would dearly love it if the ILCA were to engage a strategic thinker and, to borrow my favorite phrase of Guy’s, just hand the entire mess over and say, “Here, unfuck this.”

Andrew Campbell Starting Clinic - part I

By Doug

Over the weekend the Gulf Coast Youth Sailing Association hosted an awesome starting clinic that was run by Andrew Campbell, Ryan Minth, and Mattia D'Errico. About 30 people attended from as far away as California. Pam and I were definitely the oldest kids there.

We had a good breeze on Saturday but on Sunday the breeze took longer to fill in, so we had a bunch of creative starts in very light conditions. I wore my hatcam while Pam watched from the committee boat having already got her money's worth on the first day.

If you're looking for an exciting Laser video, this is definitely not it. If you're looking for a few tips on starting in light air, this technical video may help.

Oman Quiz

By Doug

Take a look at this picture from the Oman Worlds Website and comment on all of the reasons why this was not rigged by a Laser/Torch sailor (hint: I see six):

Kirby/Torch Sponsorship/Support

by Pam

Let's try a gear change. After all I've reached an age where I'm going through that female change of life roller coaster and one minute I swing wildly to the left, then back right until eventually Doug brings me back to the center before I death roll.  He does an amazing job of bobbing and weaving and the Canadian in him provides balance. Every woman should be so lucky!

That intro is just in case you thought I was a little heavy handed with my opinions or perhaps, a little nutso. Hello? I am.

So, in back channel e-mails with several sailors, Ari Barshi of the Cabarete Laser Training Center threw out and idea that I thought was a great and also a bit of a solution to the helpless feeling that I've heard so many express.  After all, not one of us can help Bruce with his legal battles but we can certainly let him know we care.  Ari suggested printing BKI or Torch logo stickers to put on our sails.  It would go in the same location where sponsorship/advertising logos are allowed.  Then Steve Cockerill at Rooster Sailing said he could make the stickers.  I have a vision of folks taking pictures of all their regattas with all the boats with the stickers and sending Bruce the pictures to let him know we care and we realize we are sailing a Kirby design regardless of all the stuff going on.  It's not much but if I were him, it would make a difference for me.  Does this idea have any appeal?

Oh, and the squeaky wheel does get the grease.  Doug has had some conversations with those in the know and we've been enlightened.  Is the ILCA evil?  No.  The people we wanted to trust and believe in, we can.  And the people we thought were the problem, are.   Good people inherited some bad decisions with a lot of momentum.  

ILCA Defamation of Bruce Kirby

by Pam

Let’s make this real simple.  The ISAF just approved the ILCA’s “Fundamental Rule Change” in which many feel they mislead the members into a rushed vote that many would have changed had the facts been presented accurately.  This is WRONG, WRONG, WRONG!!!

Let’s just focus on one statement that the ILCA stated as a “fact” and that has been repeated erroneously, and often, the most recent occurrence being yesterday by Sailing Anarchy. 

ILCA Fundamental Rule Change:  “a builder also needs a building agreement from Bruce Kirby or Bruce Kirby, Inc.  This provision is mostly historical.  The rule was instituted at a time when Bruce Kirby held certain design rights. ...The lawyers also informed us that the Kirby design patents had in fact expired.”

Sailing Anarchy:  Any ‘design patent’ he [Bruce Kirby] may have had on the actual boat design has long since expired …”

Now, step into the shoes of that attorney (law firm) to whom the ILCA allegedly paid $60,000+ dollars of our membership money and see if you come to the same conclusion when glancing at just one diagram from each of the only two patents Bruce Kirby has anywhere in the world.  

I know a two year old might struggle a bit but even a freaking five year old wouldn’t make this mistake.  I have to wonder if the attorney committed malpractice (and this would be a pretty damn basic mistake) or if the ILCA spun the truth and deliberately mislead the members.  Technically, Kirby’s design patents had in fact expired … for a freaking toy ... and some design with a jib!  See for yourself:

 __________________________________________________________________

Kirby Design Patent Number D373,156 - Expired Aug. 27, 2010

____________________________________________________________________

Kirby Design Patent Number D304,922 - Expired Dec. 5, 2003

_____________________________________________________________________

Civil Jury Instructions from the State of Connecticut regarding DEFAMATION:

A defamatory statement is a false communication that tends to harm the reputation of another; to diminish the esteem, respect, goodwill or confidence in which the plaintiff is held; to deter third persons from associating or dealing with (him/her); or to excite adverse, derogatory, or unpleasant feelings or opinions against (him/her).

To establish a case of defamation, the plaintiff must prove the following:

1.      the defendant published a defamatory statement to a third person;

2.      the defamatory statement identified the plaintiff to a third person; and

3.      the plaintiff's reputation suffered injury as a result of the statement.

Since the ILCA is real big on letting the courts decide … maybe Bruce should file another suit and do just that.  I can't see how it's not a slam dunk of a win.  Oh, and if I understand it correctly, the right to bring suit even passes to his heirs.  No putting that genie back in the bottle.

Correction:  Bruce Kirby has three design patents in the world instead of two.  The third  is CA61775, the Canadian version of the second diagram above. NOT A LASER. 

Bruce Kirby Reaches Out

Bruce sent this to us today and asked us to send it to anyone who we felt might be interested ...

by Bruce Kirby

IT'S THE BOAT THAT MATTERS, NOT THE NAME

In an attempt to rescue the Laser Class from its downhill course of the past few years I have reluctantly decided that a name change, or re-branding is necessary.  During the past three or four years dealers have had difficulty getting timely delivery of boats, and in particular, of parts.  We have had calls and e-mails from various parts of the world asking if there is anything that can be done to save the Laser.  To give some idea how critical the situation with Lasers has become  (as of mid-April, 2013) there is a boat shop in Toronto which has 52 American- built Lasers that have been brought in for repairs of various kinds.

          

Laser Performance in both Europe and North America own the name LASER and the sunburst symbol on the sail, but they don’t own the boat.  Because I am owed quite a bit of money by these firms in unpaid design royalties it has been possible for me to terminate their building rights at both factories.

What the Laser sailing public must try to get their heads around is that it is not the name of the boat that matters, It is the boat itself - that 13’ 10” bit of fiberglass and aluminum that provides us with untold pleasure.  I love the name Laser.  I was there in the beginning when then builder Ian Bruce came up with it.  I have lived with it and revered it for more than 40 years…but I know that if the boat is to be saved it must have a new name.

Laser Performance were terminated as builders last year, but the lawsuit was filed this year because production of the Laser unlawfully continued after termination.  The International Laser Class Association  (ILCA) in lock step with the International Sailing Federation (ISAF) participated in this unlawful manufacture by refusing to stop issuing Laser Performance the stick-on ISAF plaques that are attached to the inside of the aft face of the cockpit, identifying the boat as an authorized Kirby Sailboat permitted to be used in Laser class and ISAF sanctioned events. 

I have tried to work with ILCA and ISAF on rebranding the boat, but they refused and demanded instead that I get a Court Order.  So they are named in the lawsuit.  After filing of the lawsuit, ISAF initially asked ILCA to stop issuing ISAF plaques to Laser Performance, but I don’t yet know if ILCA complied.  In a new twist, ISAF and ILCA now seem prepared to issue a new version of the plaque to Laser Performance which removes my name from my own design.  This is not only against the Laser Construction Manual which ISAF and ILCA claim to hold Builders to, thereby insuring a true one-design class, but also reveals their true strategy to steal my design. The irony in all of this is that by continuing to provide plaques to Laser Performance against my wishes and our contracts, both ISAF and ILCA continue to collect money from Laser Performance for every boat made even while I am not being paid the design royalty.

In any event, all builders of the Laser have been terminated and the Kirby Sailboat will only be lawfully built under the Kirby Torch brand.  This does not violate any prior agreement I have with ISAF and ILCA since they explicitly only relate to manufacture of the Kirby Sailboat under the Laser brand. ILCA and ISAF have trumped up a “breach” in order to push through the “Fundamental Rule” change designed to excuse nonpayment of my royalty by Laser Performance.  Their actions make their intentions clear:  Steal the Kirby Sailboat from its designer.

New builders with stellar sailing and boat building credentials have signed agreements to follow the Construction Manual so that new Kirby Torches will be exactly like old Lasers, and both boats will be able to compete side by side under the rules of the Kirby Torch class.  We have asked ILCA to set up the Kirby Torch class, but they continue to ignore us and the Torch even though there are no longer any licensed builder for the Laser.  Go figure?!

So if you agree that what we are doing is in the best interests of the boat, please urge ILCA and your district Laser class organizations to cooperate with us for the sake of sailors throughout the world.

This is your boat.  It’s my baby, but it’s your boat.  With a simple change of the name we can offer a better quality  product, consistent delivery and the steady supply of parts. The Kirby Torch Builders and Class Association will serve sailors—that is our promise to you and the reason I am taking on this fight. The fight is about pulling the boat out of the swamp it has been dragged into and handing it back to the sailors cleaned up and ready to move ahead for another 50 years.  I have been disappointed with the treatment handed to me by those who should be firmly on the side of the sailors, and so at the age of 84 I am throwing all my energy into meetings, phone calls and e-mails to save the little boat.

Please join me in this endeavor and support the Torch.  I can no longer race with you, but I can cheer you on.

Bruce Kirby

Rowayton, Ct. U.S.A.

April 24, 2013

LASER Trademark for Running Regattas

by Pam

By now everyone believes that Karaya (Jersey) Limited is the holding company that owns the LASER trademark in the US. After all they were even named in the recent Kirby lawsuit. Well, that would be only half right. Karaya holds the trademark in the class of goods that pertain to sailboats, parts, accessories and sails. A close look at that registration reveals that the title is all jacked up and the actual owner of the LASER trademark is a dissolved entity. Maybe that can be fixed and maybe it can't. I’ll post the details of that jacked up registration later.

For now, did you know that Velum Limited, an Antigua and Barbuda entity with an address is Switzerland also owns the LASER trademark in the US (not to mention the UK)? In the US, Velum holds the trademark in the class of services that pertain to “organizing sporting events, namely, sailing competitions, and regattas; sailing schools.” In the UK, Velum holds the trademark for both the goods and services mentioned above. 

Now I ask you, who organizes and runs LASER regattas? How many times have you personally organized and run a LASER regatta? How many times has Velum or LP done that for you? For what purpose do you suppose LP would be interested in obtaining the exclusive rights to the business of running every freaking LASER regatta in the US and UK?  

Now here’s the kicker.  To obtain a trademark you have to provide proof of your use of the mark "in commerce" in connection with the "services" you are providing. Below are the “specimens” that Velum submitted as proof of their use in the US:

 

  

 

But wait, there's more ...

The “Statement of Use” indicates that: "… VELUM LIMITED, … is using or is using through a related company or licensee the mark in commerce on or in connection with the goods and/or services."

The “Declaration” on the Statement of Use affirms the following:

"Applicant is the owner of the mark sought to be registered, and is using the mark in commerce on or in connection with the goods/services identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.

The undersigned being hereby warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may jeopardize the validity of this document, declares that he/she is properly authorized to execute this document on behalf of the Owner; and all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true."

I’ll let you decide what conclusion to draw. My favorite part is "punishable by fine or imprisonment, or both."  If only we could be so lucky. 

Join Kirby Torch Class Now!

by Pam

You can now join Bruce Kirby's new Torch class association:

http://www.kirbytorch.com/members

He isn't asking for money.  Membership just involves providing your name, email address, sail number, rig type and district and takes less than 30 seconds to sign up.  This will allow Bruce to reach out to the Torch/Laser sailors and keep them up to date on what is happening.  

So far, of the players in this ILCA/LP/Kirby triangle, every statement Bruce has made has proven to be true and everything he said he would do, he eventually did.  The same cannot be said for the other two players.  Although I support and believe in several officers of the ILCA, I do not see their wisdom or integrity in the actions of the ILCA.  I fear that the efforts of those I trust have somehow been suppressed by something odd going on within the ILCA.  

If you support Bruce in his efforts to support the needs of the sailors, communicate with them  and ultimately, keep his design sailing, please send an email of support to sail@kirbytorch.com.  He cares what you think!

At ImproperCourse, we support Bruce Kirby and wish him success.  We also encourage the ILCA to grow a pair and get off the fence.  The ISAF has already concluded that LP is no longer licensed to build the boat.  The ISAF is the ILCA's governing authority!  There is no need to wait for the outcome in court.  

A Royal Start

By Doug

This is one of the most unusual starts ever - something I have always wanted to try but Andy Roy beat me to it at the Master Midwinter's. Let's start with three questions about, say, a 10 knot breeze:

1. Standing out in the open, how strong is the breeze?
2. Standing behind a solid fence, how strong is the breeze?
3. Standing in front of a solid fence, how strong is the breeze?

If you answered 10, very little, and 10, then there's some learning to do. The answers are 10, very little, and very little. A lot of people get the last one wrong because they don't understand how the wind goes around an object. I'm sure there are scientific explanations about how low pressure area avoids a higher pressure, but my simple way of describing this is that the wind "knows" what's up ahead.

So substitute the word "fence" with a "crowded starting line." The boats act like a fence (and are even called a picket fence) and some of the breeze goes over them. This is yet another reason why it really pays to get a good start where your bow punches out - you're literally sailing in more wind.

But there's more! Looking from above, the wind also "knows" that the fleet will bend the wind, so this bending starts in front of the fleet. 

The fleet is actually sailing on a slight knock which means that if you can, it often pays to tack twice if you want to continue going left in better air.

For the same reason, getting a bad start, having to tack to duck some boats is not as bad as it might seem because you're on a temporary lift and can get a little more speed before you round up.

Things get really interesting if there is a sag in the line, as we often see with starts under a black flag. A boat sailing on port in the sag will actually be sailing in more wind and on a lift when the gun goes!

I've often thought of trying this in a big fleet but never had the courage to try this. So in the second race at the Midwinter's, when Andy Roy was on port coming straight at me to windward of the fleet, I didn't say to myself, "What the hell is he doing?" I said, "Beautiful, wish I'd tried that!"

As it turned out, going left paid and Andy went the wrong way. But it was an absolutely awesome start!!

Fear and Respect

by Pam

When he was 3 he walked off the edge of a pier.  He didn’t know how to swim.  As he treaded water, the pier was six inches from his face but he was too paralyzed by fear to reach out or call for help.  A hand reached down and grabbed him and placed him on the pier.  To this day, it stands out as the most terrifying moment of his life.

At age 5 she entered kindergarten school where she was taught to swim.  Everyday they were in the pool in the deep end, unable to touch the bottom and learning to dog paddle, breast stroke, back stroke and swim underwater holding their breath.  They were all water babies.  All through elementary school, she and her family spent every summer at the pool.  Diving boards, deep ends, flips, cannon balls, Marco Polo, you name it.  The water was home in the summer.  Being suddenly launched into the water would not produce fear.  She never really learned to respect the water ... she simply didn't fear it.

When he was 6 he still could not swim and was playing in the water.  One minute he was standing in the water and the next he had stepped off a steep underwater ledge and was frantically treading water.  Again, he was too paralyzed with fear to call out even though there were people within 20 feet of him.  A man noticed and walked to the edge of the drop-off and reached out and pulled him back. 

At age 7 he was taught to swim at an indoor pool in the middle of winter and was told he was a natural.  At age 9 he was introduced to sailing and his first sail was with the Firefly North American champion who handed him the helm and observed that he was a natural.  At age 13 he was single-handing a Flying Junior with three sails up.  It is a moment that stands out in his mind as one of complete freedom, control and exhilaration.  He was hooked.

He already respected the water but in Australia he learned even more respect.  Rules of thumb on when to sail and when not to and when to sail with a buddy and when not to. 

When he was in his 30s, he lived in a stone house on the water in Canada.  As the seasons changed, he watched the mood of the wind and water change.  The wind came out of the east and the waves would crash against the house.  In the late fall, the waves would splash up and freeze on the balcony outside his living room.  Out on the balcony it was treacherous and a slip could mean certain death but 10 feet away was the living room and a warm fire.  The startling contrast taught him even more respect.

Her first sail was in her 30s as crew on a 30 foot keel boat.  Sitting on the bow she felt at peace and at home.  The first several times she was handed the helm she was not a natural.  It was too much boat to handle.  The first time she broached she was on a 30 foot keel boat and was hanging from the shrouds and lifelines submerged to the waist.  There was no panic.  Just the question of whether let go and swim clear or hang on.  Her introduction to sailing was with a combination of good and bad skippers.  She didn’t fear the water but the loose nut at the tiller was always a concern, whether herself or another.  The concept of respect was starting to sink in.

In his 40s he had water front property in Dallas.  When the day ended and his duties as father and husband were winding down for the evening, it was his time.  He kept his Laser fully rigged and flipped on its side in the back yard and a mad dash would have him on the water and sailing in two minutes.  The boat, water and wind were his mistresses and he snuck away to see them as often as he could.  They met 4 or 5 times a week and when they were together it was hard to know where one left off and the other began.  Although, he had running lights to keep from being run over by motor boat traffic, many nights he couldn’t see his own hand in front of his face but he came to know the moods of his mistresses and easily adjusted.  The four were one.  He was home.

Years later, he stands beside her on the docks on a particularly windy day.  The waves are pounding the docks and breaking over the walkway where they stand.  He looks out and the water beckons to him.  She looks out and is filled with intimidation and takes a step back.  They rig one boat, her fear subsides, and together they go sailing. 

What Goes Around ...

by Pam

By now, everyone probably knows that Laser Performance stopped paying royalties to Bruce Kirby a few years back which then set off a chain reaction that has affected and pissed off many a Laser sailor. My own version of frustration was some research on Farzad Rastegar and Laser Performance which skipped through a few different tax haven countries and landed in the British Virgin Islands.

Then, last month, we learned that Bruce Kirby finally filed suit against Farzad Rastegar and Laser Performance.

Now, this week, we have this news:

'Millions of internal records have leaked from Britain's offshore financial industry, exposing for the first time the identities of thousands of holders of anonymous wealth from around the world ...  

The leak of 2m emails and other documents, mainly from the offshore haven of the British Virgin Islands (BVI), has the potential to cause a seismic shock worldwide to the booming offshore trade, with a former chief economist at McKinsey estimating that wealthy individuals may have as much as $32tn (£21tn) stashed in overseas havens ... 

As well as Britons hiding wealth offshore, an extraordinary array of government officials and rich families across the world are identified, from Canada, the US, India, Pakistan, Indonesia, Iran, China, Thailand and former communist states.'

Full story:  http://www.guardian.co.uk/uk/2013/apr/03/offshore-secrets-offshore-tax-haven

Hmmm ... now, this just got interesting!

Oh, and Scott Young, my man, you were just one "t" away from being on that list.  Whew!   Had to put that in just in case you actually do retire from Laser sailing and disappear from the Laser scene and people start to talk.