Gladwell's Line: Way now clear for more Louis Vuitton Series?

11:56 AM Sun 5 Apr 2009 GMT

'The way should now be open for more Louis Vuitton Pacific Series style regattas.' Richard Gladwell

The Appeal Court of New York State Decision has, of course, fractured the Protocol signed between SNG and Club Nautico Espanol de Vela (CNEV) and the documents linked off that Protocol, which include the Event and Competition Regulations.

In the event of a Deed of Gift match being sailed, that event will become the 33rd America's Cup and all agreements between SNG and the other challengers will be invalidated, since they relate to the 33rd America's Cup, to which they will no longer be part.

This will mean that the teams are then free to sail their own events, and the prohibitions and limitations set out in the following extract from the Event Regulations will no longer apply.

In fact, it is game-on for the the types of activities described. Which means that events styled along the lines of the Louis Vuitton Pacific Series can take place - organised by Louis Vuitton or another event organiser.

The Event Regulations say in part:

12. NON-EVENT REGATTAS
12.1 Non-Event Regattas with Version 5.0 ACC Yachts. Competitors shall not participate with version 5.0 ACC Yachts in Non-Event Regattas unless with ACM's prior written approval at least three (3) months ahead of the Non-Event Regatta,
which approval will only be granted subject to compliance with the following preset conditions:

a. Non-Event Regattas shall not be held during the following periods:
i. from 15th May 2008 until 15th October 2008; and
ii. from 1st April 2009 until two weeks after the last race of the Match.

In August 2008, a Non-Event Regatta may be organised provided it terminates at least four (4) weeks before the beginning of the Qualifying Regatta to take place in September 2008.

b. Non-Event Regatta shall in addition not:
i. be presented in a way that is or could be perceived to be an ambush of the America's Cup;
ii. be broadcasted live;
iii. be held in a perimeter of 200 nautical miles from Port America's Cup in Valencia.

12.2 Non-Event Regattas with AC90 Yachts. Competitors shall not participate in any Non-Event Regattas with AC90 Yachts, in accordance with Clause 9.2 of the Competition Regulations.

12.3 Non-Event Regattas with non-ACC Yachts. Any special event (not being internal Competitor) not involving ACC Yachts occurring in the Race Area, must be prior approved in writing by ACM.

The restrictions on the use of the America's Cup marks would probably remain in place, however these could be replaced with sponsor logos or similar as was done for the Louis Vuitton Pacific Series.

It would be interesting to see if some ownership of the ACC Rule were claimed by the Defender, Alinghi, who under the Deed of Gift, is the Trustee for the Cup, however unless some very clever work had been done in legal circles it would be hard to see how they could restrict use of AC V5 yachts, by owners, any more than they could with 12 Metre class yachts used in previous America's Cups.

Of course this opportunity will be closed off if a multi-challenger event is agreed for the 33rd Match. In this instance, teams would be bound again to this type of clause, or similar - which is common in most recent Event Protocols.

by Richard Gladwell

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Gladwell's Line: Way now clear for more Louis Vuitton Series?

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