I'll have to change my name now North Kiteboarding is no more..

[iriejohn]

But can they sue if BM does not want to use the name anymore ?

That would depend upon the terms of the contract.

[iriejohn]

.

(edit) This is interesting: https://ecf.ctd.uscourts.gov/cgi-bin/sh ... 8cv0160-16

At the end of that link it was ruled:

Given the urgent nature of Plaintiff's Motion for Preliminary Injunction [Doc. 6], Plaintiff must file its required citizenship affidavit(s) pursuant to this Order on or before February 15, 2018.

Upon receipt and review of Plaintiff's affidavit(s), the Court will determine whether it possesses subject matter jurisdiction. If so, the action will proceed. Once Defendants have appeared, the Court will hold a hearing to resolve the preliminary injunction motion. Otherwise, in the absence of such jurisdiction, the Court will dismiss the action without prejudice to Plaintiff bringing it in a proper forum.

It is SO ORDERED.

Dated: New Haven, Connecticut
February 6, 2018

So what happened after February 15th 2018?

The ultimate owner of North Sails appears to be Oakley Capital, a venture capital company in London (UK)

http://oakleycapitalinvestments.com/por ... rth-sails/

Oakley Capital Limited. A limited company registered in England and Wales (company number 04091922) with its registered office at 3 Cadogan Gate, London,SW1X 0AS. Authorised and regulated by the Financial Conduct Authority (number 195029)

and registered in Bermuda.

Oakley Capital Investments Limited (“OCI”) is registered in Bermuda with company number 40324. Registered office: 3rd Floor, Mintflower Place, 8 Par-la-Ville Road, Hamilton HM08, Bermuda

It would seem that because the ultimate Plaintiff is based in the UK and the Defendant is based in Germany and Austria the Connecticut Court would not have jurisdiction.

So my guess is that nothing happened (but I'm not a lawyer).

...

[downsouth]

North Sails LLC is owned by Oakley and B&M is a basically a marketing company. Who produces products in diverse facilities all over the worlds.

The Key differences are, North LLC produces its own produce via its loft who some time belong to North or some lofts are "franchised' Privat Owners. Whereas B&M does not own any production facility, who have their products manufactured with there specifications and marketed and distributes. In the case of NKB under a license name. All of that completely independent of North LLC.

If B&M loses the naming right to North Kite & Wind, would and could North LLC appoint and new License holder to North Kite and North Windsurfing.... Surely the names have a value to someone. Bringing a third company into the Mix ...

Which would mean we have new Kite Brand which arguably has the biggest distribution network and all the North Fans will keep NKB.

interesting and scary / corporate games!

[purdyd]

If B&M loses the naming right to North Kite & Wind, would and could North LLC appoint and new License holder to North Kite and North Windsurfing.... Surely the names have a value to someone. Bringing a third company into the Mix ...

Which would mean we have new Kite Brand which arguably has the biggest distribution network and all the North Fans will keep NKB.

interesting and scary / corporate games!

It appears it is more like B&M wants to change their name and avoid paying royalties.

North could relicense the name but the new licensee would not inherit the distribution network, the people, the intellectual property etc.

the new licensee would not be NKB as we know it now

just like Best Kiteboarding is not Best Kiteboarding anymore as the people who made that brand have for the most part departed.

Personally I would say that being part of the North umbrella doesn't hold the same cache as it did 20 years ago. And North sails benefits from the windsurfing and kitesurfing license in more ways than the royalties.

In other words, it is likely to North sails advantage to have windsurf and kitesurf equipment made and marketed with the North name, even if their weren't royalties involved.

If North were to license the name to a third party, it will not be the market leader that NKB is and will not have the same amount of royalties paid and would likely cheapen the North name.

Since now that we are dealing with holding companies, common sense may not always apply and so in the end, some law firms will be the real winners.

[iriejohn]

In 2013 EMRAM bought Boards & More for €39m.

http://www.dgap.de/dgap/News/dgap_media ... sID=779736

EMRAM is a Munich based private equity company.

http://www.emeram.com/en

So this is a dispute between two private equity companies, one based in the UK and the other in Germany.

[PinkDuotonePride]

In 2013 EMRAM bought Boards & More for €39m.

http://www.dgap.de/dgap/News/dgap_media ... sID=779736

EMRAM is a Munich based private equity company.

http://www.emeram.com/en

So this is a dispute between two private equity companies, one based in the UK and the other in Germany.

Bingo! Iriejohn wins the cookie!

[Liquidleisure]

There’s no WAY. THE NAME GOING TO BE “duotone”.

Sooooo sad.

[effisk]

I think - not 100% sure - that B&M's kites and windsurfing sails are manufactured in the North Sails Group's facilities. Can anyone confirm?

[kite_hh]

"I doubt anything has happened yet. But should it happen, only the name will change and nothing else."

This could be said by someone who knew something. However, it is obviously speculative to claim this.

[Liquidleisure]

the real problem is to start again with a new name. the kite projects are from B & m but the name, no. I think so many people movin’ to other brands....



Duotone is really Horrific i think