What To Do With A Big Stick

by Pam

I just got back from my 5^th Laser Masters Worlds with Doug and I’ve drawn a line in the sand. Never again!!  Not ever, no way, no exceptions!! Something has to change.

Every year, Doug leaves a week early and I join him a day or two before the event starts. I plan my packing so that everything (all my stuff, all the US team shirts, and Doug’s last minute forgotten items) easily fits into my luggage, which is all wheeled so that I can handle it unassisted. On the return trip, Doug and I travel together and I am punished for my efficiency.

Doug travels with this massive, 50”, soft-sided, duffel bag that could easily fit a grown man inside. The reason -  it is the only luggage he has been able to find that his 47” hiking stick will fit into. For years I have  tried to get him to switch to something else and for years I end up getting all of my luggage with one hand while dragging half of his with the other. 

This year, while hurriedly dragging his body bag off the train the middle of Milan, ITA, I just started laughing hysterically and almost wet myself right then and there. Remember, he is recovering from two broken ribs. One train, one bus, two shuttles, one hotel, and two planes, all of which all seemed to be connected with lots of walking in between, not a lot of time to connect, and few carts or porters available. We alternated between dragging, tripping, swearing, dropping, and desperately hunting for carts or assistance all the way home. Every single person that helped us, or almost tripped over us, asked what was in the bag with Doug telling them it was his cousin or grandmother. 

By the time we got to the second to last airport, I was done. Broken ribs or not, my hands and muscles were trashed and he was going to get that damn bag himself. I went ahead with my luggage and when I looked back, there was this helpless looking, old man, with both hands behind his back dragging one side of this massive bag and his knees were literally buckling as he struggled to take each step. I struggled not to laugh out loud but let this go one for about 100 yards then finally stopped him and asked if he was finally ready to burn the dang bag when we got home. He agreed and I pointed to the carts that were lined up outside that he had not yet seen. When we finally arrived home, Doug could not understand why his ribs hurt more now than they did the entire time he was competing. 

So … for all his talent on the race course, he has not solved this issue and it would appear that everyone else already has. How do you travel with your hiking stick?

LASER FOLKS - Speak Now or Forever Hold Your Peace

by Pam

Dear Laser sailors, ILCA, and Performance Sailcraft Australia: 

You have until June 2, 2017 to file an opposition with the U.S. Trademark Office to stop Velum Ltd. from being granted the exclusive right to use the Laser starburst mark in connection with the services below: 

Organization of sports competitions; Organizing and conducting sporting events for the purpose of helping high school seniors earn a college scholarship in their respective sport; Organizing and conducting college sport competitions and athletic events; Organizing, arranging, and conducting sailing events; Organizing, conducting and operating sailing tournaments; Instruction in the nature of sailing clinics; Instruction in the nature of sailing lessons; Organizing and conducting college sport competitions and athletic events; Organizing and conducting sporting events for the purpose of helping high school seniors earn a college scholarship in their respective sport; Organizing and conducting sporting events for the purpose of helping high school seniors earn a college scholarship in their respective sport; Providing information relating to organizing community sporting and cultural activities, contests and games; Providing information relating to the organizing of educational, cultural, sporting, or entertainment exhibitions; Providing news and information via an Internet web site in the field of competitive sailing 

 

On December 28, 2016, Velum, Ltd. applied for registration of the US service mark on the Laser starburst design. It has been approved and was published for opposition on May 2, 2017. 

Publication for purposes of Opposition

According to the US Trademark Office, "Any party who believes it will be damaged by the registration of the mark may file a notice of opposition (or extension of time therefor) with the Trademark Trial and Appeal Board. If no party files an opposition or extension request within thirty (30) days after the publication date, then eleven (11) weeks after the publication date a certificate of registration should issue."

Background

Karaya (Jersey) Limited and Velum, Ltd. are the most recent owners of the trademarks for the word LASER as well as the Laser starburst design. That right has historically been limited to the use of the mark in connection with goods, like sailboats, etc. They never acquired the right to use the mark in connection with the provision of services, like running regattas. Or more specifically, the exclusive right to use the mark in connection with organizing, conducting and operating sailing tournamements. As we all know, that right has historically been assumed to be owned by the ILCA and, by extension, the members of the ILCA. 

So what happens if Mr. Farzad Rastegar (the man behind the shell companies) successfully obtains the exclusive right to use the Laser mark in connection with running regattas? We can only speculate. He is a businessman after all and not a sailor. I would assume he is obtaining the mark for the purpose of making money. He already uses the offshore companies to license the use of the mark to Laser Performance, then shifts that income stream offshore for tax purposes. Being able to collect licensing fees from the ILCA, or its members, every time they have a Laser regatta seems like an income stream to me and would seem a logical conclusion to draw as to his intent. Of course, he might be of a more benevolent mind and he might just be trying to secure the mark to make sure no one can come along and hold the ILCA hostage while demanding they change fundamental rules to suit one side over another, or that they relinquish their patents on the Mark II sail, or that all big events be run in one builder's territory and and not another, or some other such mischief. 

So, what can you, the ILCA, members of the ILCA, or PSA do about this?  If ever there was a time to pay an attorney to protect your rights, it is now. 

Where should they look? Well, for starters, I would certainly ask for a qualified legal opinion, on the following:

1. Look at the specimen they filed as proof of their use of the mark.

2. Look up the term Collective Trademark because the ILCA and, by extension, its members, would appear to possibly have a priority claim of use of the mark in connection with regattas. A win of a collective trademark for the ILCA might also lead to being able to unravel some of the other LASER trademark registrations in the US.

3. Look at the ownership chain of title for the existing LASER trademarks. There are some breaks and the true owner may not be Velum at all. There may even be a possibility to claim that the LASER mark has effectively been abandoned for years.  An opposition filed by the ILCA to this latest registration attempt might turn out to uncover a bigger problem and ultimately shift ownership of all the LASER marks in the US to the ILCA. 

4. Look at Velum's previous attempts to register the service mark in the US and at Bruce Kirby's oppositions to the registrations. One of the oppositions is still pending which I assume prompted them to refile this recent application using a different specimen, trying a slightly different spin.  Velum argues that it has already licensed the trademark to the ILCA and then extensively detailed the ILCA's control over the entire Laser game.  Is there such a license?

5. Oh, and PSA, when you look at the Kirby oppositions you will find that the US Trademark Trial and Appeal Board has already ruled that the agreement signed previously, which prevented Kirby from ever contesting the marks, does not apply to this newly claimed use of the mark for services. It's fair game.  If the ILCA won't defend their right to the mark under a collective trademark or otherwise, then there may be angles PSA can exploit to claim a right in the service mark in the US.

Lastly, those of you in the EU.  Might already be time to bend over.  The service mark in the EU was filed at the same time, has already gone through the opposition period, and a registration certificate was issued on April 12, 2017. I wonder if the ILCA has already received a cease and desist letter asking them to pay a licensing fee to run Laser regattas in the EU.  Does any of this have a connection in why the charter fee is so steep for the Master Worlds in Croatia this year?  Surely not.

SHIFTS AND CHANGES

by Pam

Doug and I split tacks this weekend with me being dropped off in Austin and Doug heading a little further south to compete in Wurstfest, the last regatta of the season. The common highlight of both of our weekends were two 17 year olds.

On my end, my brother's wife lost her battle with cancer a couple of weeks ago, leaving my him a single father of a 17 year old, whose world had suddenly changed. A reality check for me on how fleeting life can be and how important it is to enjoy every moment.

 

Doug, on the other hand, found himself sideways with a 17 year old, two parents and a coach, which ended a little like how our US presidential debates and campaigning have gone.

Now really, which story do you want to hear about? The correct answer is neither. Surely, we’ve all had enough reality TV type drama with the US presidential election.

However, in hearing about Doug's weekend, compared with my own, my perspective was one of trying to find the good in the situation and I was surprised at how much good there was to be found.

So, yeah, there was a junior in the full rig fleet with a Rule 42 protest against him by the District 15 Secretary and Doug was called in as a witness. The protest committee ruled something along the lines of even though he jibed repeatedly and he did indeed come out of the jibes faster than he went in, he still didn't actually gain through the activity therefore it wasn't a violation. The District Secretary doesn't agree and will be appealing the ruling. Before the protest when Doug went to speak informally to the coach … well … things turned south. The coach, the parents and the junior did not agree with Doug’s interpretation of Rule 42 and vice versa. It will be interesting to see how the appeal turns out. There’s more to the story but you get the picture. Drama!

Here's the deal. That little disagreement was a cluster and there is fault to be found on the part of all parties. Here you have a junior whose parents and coach have done a good job of developing a talented sailor who is now competing at a level where he is a contender on the full rig course. That is to be commended. On the flip side, you have a Laser district with a leader who is looking to develop a competitive district that adheres to certain standards where everyone feels they are competing fairly and respectfully. That too, is to be commended. As the two merge, the junior into the full rig fleet, there are bound to be some bumps. If either handles the bumps too abrasively, they run the risk of discouraging and losing a talented sailor and/or ticking off an entire fleet. Neither has a good outcome that is for the betterment of sailing and competition.

But, you see, this regatta, for that kid, was his graduation. He had arrived. He was accepted as being on the same level as the adults. Getting called out was a compliment that says he's no longer a junior on the course and he no longer gets a free pass on his behavior because he’s a junior. His coach and parents have taken him to this point and now it's time to let go and let that oddly nuanced fleet polishing experience take place. That transition where he learns to play nice with a different peer group and somehow emerges a more humbled, respectful, experienced and confident human being.

Several years ago, Doug and I were sailing in the Sunfish fleet against a very young and talented Stewart Draheim. A name that I'm sure will be around in sailing and well respected for many years to come. Stewart was aggressive, highly talented and kind of an ass to sail against. I intensely disliked sailing anywhere near him. At one regatta, Doug finally had enough and decided to engage him. Doug spoke to Stewart’s mom and she gave him the green light. She knew that Stewart had to earn the respect of his peers and she seemed to recognize that even though he was pretty dang young at the time, he was essentially being invited to graduate from junior status and into a different peer group. The Stu that emerged in the next year was a sailor I respect, admire, trust and enjoy sailing against. He was always a good sailor and a good kid but the contrast from the boy he was then to the man he is now, is night and day. A coach and parents can provide the tools and opportunities but they really can't teach a kid that transition. It seems to happen on the race course and I couldn't even tell you how. It hasn't happened to me. I must not be good enough or tolerant enough to be "polished." I would, however, advise that if a young sailor has reached that level and is being invited to graduate, jump in with both feet and let the fleet do their thing and find the diamond within.

Once upon a time, I blogged about A Father’s Gift of Sailing. The transition I’ve seen several times still puzzles me as to how it happens but maybe what happened this weekend with Doug is how it begins.

Beware GGMdom

by Pam

Doug became a Great Grand Master (65+) at the end of last year just after the Kingston Worlds. Medicare kicked in and thanks to Obama Care (said sarcastically), he now has cheaper and better medical insurance than I do. Nevertheless my company’s insurance made a non-mandatory accident policy available at a super cheap price that covers both of us and pays me cash every time one of us has an “accident.” I don’t know exactly why, but I sort of bet on injuries this year and signed us up.

February rolled around and Doug headed off to Florida for the three event Florida Masters Week. Early into the second event, he retired mid race in pain and unable to pull on any controls.  He called to ask what I thought he should do. No brainer, head to the nearest emergency clinic. With his medical insurance, it was 100% covered with zero out-of-pocket. Sure enough, bruised ribs. My odds bet paid off and I got a check for his troubles. 

He came home, took it easy, rested up and healed then March rolled around. Doug was out back playing with our dog who had the zoomies and he put a hand out and she ran right through it. He complained about the pain for a day but his hand looked and worked perfectly fine. My policy only pays if care is sought within 48 hours so off to the nearest emergency clinic he went. Sure enough, broken thumb. He got a little thumb splint and my odds bet paid off again. 

April rolled around and Doug had been warned to be extra careful with his hand because if things went south he would probably miss two sailing seasons. After four weeks of healing, he decided he could probably manage a little light wind and went sailing over the weekend just before his four week follow-up. Monday rolled around and off he went to the doctor and came back with a full blown cast half way up his arm with his thumb sticking straight up. Cast equals more money for me!

I really don’t enjoy seeing him get injured but it is sort of nice to get a check every time he does. But seriously, what gives? Is it just Doug or is it GGMdom?  

At the France Master Worlds, we spent time with GGM Keith Wilkins (13 time Laser Master World Champion).  I don't remember his exact words but the takeaway was that age does catch up and things just aren't as easy as they use to be.  

At the Canada Master Worlds, we spent time with GGM Mark Bethwaite (9 time Laser Master World Champion).  His ride to the regatta/hotel got delayed in the locks in upstate New York and he drove ahead to train and bunked with us for a night before driving back and picking up his hotel. As fit as he looks on the water and on land, he too confirmed that age does indeed catch up eventually. 

So, if anyone has any suggestions about supplements, diet, exercise, etc. that helps an old GGM heal faster and stay less breakable, I’m all ears. And, of course, Doug will be giving a thumbs up to everything for a few more weeks. Let’s hope the cast comes off in time for Mexico in May.

Nervous Before Racing?

by Pam

Perhaps you’ve noticed that our blog posts have dropped off in the last year or two. It’s my fault. Doug is always sailing, always learning and always willing to share anything he knows but I stopped following him around like a two-year old constantly asking ‘why?’ and insisting he find a way to make it easier for me to understand.

Life sort of knocked me down and I gave into that little voice in my head that said ‘stay down, rest.’ I settled into a normal routine and caught up on sleeping, eating, working and not sailing. And during that resting period, my behind grew a little wider and cushier and an obstruction has attached itself to my abdomen which makes movement a little less fluid. Finally, I’ve decided, rest and old age be damned! I’m getting back up. Comfort is a bad thing and a little discomfort just might be what it’s all about.

I’ve been back on the water for the past two weekends and despite mistakes, confusion, and pain, I’m managing to land closer to the front than I’ve earned. The questions are all starting back up again.

The first thing that I noticed upon my return to sailing is the nerves. Maybe adrenaline is the better word. Just like clockwork, when I go sailing, about 10 to 15 minutes away from the club, I suddenly have an urgent need to hit the head. It never ceases to amaze me that my voluminous download always exceeds my moderate upload. That’s just regular racing days. On regatta days, there are multiple downloads before I ever hit the water. Why?

I’ve asked Doug, I’ve asked another sailor who lands in first place more often than not and I’ve asked my brother, a retired professional tennis player. Doug doesn’t get nervous anymore. He did once upon a time but after winning two Laser Master Worlds, he just doesn’t. In fact, he can’t even make himself get nervous about a regatta. The other sailor said he has a similar issue as me and he’ll be going off the back of the boat right up until racing begins. The sailor says he channels the extra adrenaline into improving his performance. My brother tells me that if I have nerves, then I’m sailing for the wrong reasons and I’m holding on too tight. He had a back injury that looked like it would end his tennis career so when he was miraculously able to return to the court, he said there was a shift and even though he absolutely wanted to win, he never lost sight of being grateful for still being able to compete.

An interesting mix of perspectives. One who doesn’t get the adrenaline rush, one who channels it into a better performance, and one who tempers it with gratitude.

This past weekend, I competed against 17 boats and finished with a 2 and a 3, then Doug and I sailed together with me driving and we finished 5th. Except for the last race, the adrenaline was still there but my focus was different. I was putting more emphasis on a personal challenge of handling the conditions better than I have in the past and using it as a benchmark of my physical and mental condition. Having decided that comfort is a bad thing, I was sort of welcoming the challenge of the discomfort.

So, in my highly unscientific study, I’ve noted a few different experiences. I wonder which is more common.

Where It All Began

by Pam 

Oops! Yes, our site was down for a day. The site somehow stopped updating on various blog rolls and was stuck at a post 2 months ago.  A little messing about behind the scenes and and we got the dreaded 404 error.  Maybe the updating is fixed ... maybe not.  For now, we're back up and running!

 

Tillerman, of the ever so popular Proper Course blog, once told us that he was asked which came first, Proper Course or Improper Course. This gave us a good laugh. There are many excellent sailing blogs out there with lots of great information but we only link to one blog on our site, Proper Course, and we clearly state that it is the “blueprint for our blog - but way better.”

We tend to use people’s real names, pick sides and jump into the middle of Laser politics, and even hang our dirty laundry out for the world to see. We are improper. However, we attempt to redeem ourselves by only pointing to Proper Course. There you will find the jumping off point to all the great sailing blogs as well as a blogger who has been doing it the right way for a very long time. Proper Course is the yang to our yin. We are grateful that Tillerman was such a good sport about us sort of stealing his blog name.

The Improper Course blog officially began 4 years ago during the Florida Masters’ Week on February 12, 2012. Doug was away (like he is now) and I was at home alone and bored (like I am now). His first post was his lessons learned at the 2012 Florida Laser Masters Championship. He said he was doing ‘horrible’ with a 9th place and had ‘tipped more than anyone.’ There were 42 competitors. By the third event that week, he finished 1st. One of my first posts was Masters Week - The Rest of the Story.

The first time I ever heard Doug’s name, I was told a story about how just after he won the Masters Worlds, he was on the docks of his home club showing off his trophy. Meanwhile his Laser was behind him and had untied itself and sailed away. And that is Doug. Just a big doofus who makes mistakes like all of us and yet he somehow manages to do pretty dang well. It’s hard not to feel that if Doug can do it, then so can I.

I found that Doug was more than willing to share everything he knew with anyone that wanted to know. We had been writing for the Butterfly Fleet 20 blog but it was hard to justify adding Doug’s favorite subject, all things Laser, to a Butterfly blog. I found ways to add it but eventually decided to do a spin off blog and moved the Laser focused posts and started Improper Course. That way I could also publish all his Worlds Journals which I found fun to read. And the rest is history. Literally, his story.

Doug likes to refer to the blog as simply being love letters between the two of us. It sort of is. It is our common ground and we do speak a different love language than most. My second post was a Valentine’s Day poem that I wrote since Florida Masters Week means being apart for Valentine's Day. I still wouldn’t have it any other way.

Ode to a Sailor

It’s Valentine’s Day
and my sailor's away.
On, Cupid! On, Donner and ...
er ... oops, wrong red holiday.
I’m just not myself
when my sailor’s away.
But don’t pity me,
for I wouldn’t have it
any other way.
Road trips and regattas,
not chocolates and flowers.
While most women are being adored,
I'll be checking the computer
to see how he scored.
Good news or bad,
either way is okay.
So long as he calls
at the end of the day.
I simply wouldn’t have it
any other way!

Happy Valentine’s Day!

Doug was in 4th place at the end of yesterday. Today, he's already moved down to 6th. That man just does not listen to me. I specifically told him to move up and not down. Oh well. He's having a great time I'm sure. Yesterday was light and today was supposed to be heavy. Doug is using the old sail and many are using the new sail. Will be interesting to see if the results show one sail to be better than the other.