Statement by LaserPerformance
The Court’s recent ruling reduced the jury’s award by more than half from $4,337157.49 to $2,056,736.33 with regard to an alleged trademark violation by defendant/licensee QMI. Previously the Court had ruled that Mr. Kirby had no right or standing to sue the defendants QMI and LPE for royalties. As a result, this case only involved the use of his name on Laser sailboat plaques. QMI argued and still contends that it had the authority to use the Kirby name and trademark on boats it sold pursuant to the Builders Agreement, which was never terminated, and in accordance with the
Laser construction manual approved by Mr. Kirby and ISAF (World Sailing). Therefore, there has been no trademark violation. Both QMI and the other licensee/defendant LPE also argued and still contend that Mr. Kirby was not harmed or damaged by including his name on the required plaques placed on the Laser boats. They also argued that Mr. Kirby never asked to have his name removed from the Laser sailboat plaques nor did ISAF (World Sailing) or ILCA. It is our understanding that the licensee/defendants disagree with the recent Court ruling and will likely appeal its decision.