dark conscience kiter wrote:Waves N' Butter - where is your evidence that shows real did not call or send a letter first? where is your evidence that there is not a pile of 'cease and desist' letters somewhere in kitty Hawk, extreme kites, and real's office buildings/
about your second point, shouldn't we let the courts decide what is legal and not legal ???? if you have a problem with the justice system, thats a different story1!
- it sounds to me like you have a personal hatred towards real and are trying to make people believe what your saying is facts... without any evidence!!!
Toby, with all respect this information is all true and is NOT slander. The legal documents substantiate this. Please refer to the links to the financial documents posted earlier. It's important to point out a few key facts (yes, facts!). Toby, you cannot be sued for other people stating facts on your site. Remember freedom of speech. And please do not be bullied by REAL's intimidation tactics.
1) REAL launched direct lawsuits without calling or legal lettering first. Even major corporations will use a 'cease a desist' letter and/or make a 'cease and desist' phone call before even considering a lawsuit. REAL is attacking small operators who cannot afford legal fees in hopes that they will shut them down for ever. REMEMBER Matt's sister is a lawyer. They have free in-house legal council. They also have a lot more money than any of their competitors.
2) REAL's claims are, legally speaking, absurd anyway. You can't trade mark common terms. There is a very high chance that the judge presiding over this is going to through the case out.
3) REAL is suing people they know very well (yes, their 'friends') and they are suing not just local kiteboarding companies but companies around the US well out of their territory. REAL did not invent kiteboarding, jargon typically used by kiteboarders, nor the teaching of kiteboarding.
What is so upsetting to long time kiteboarders is not that REAL is staking a claim to certain terms and phrases. What is so disturbing is the way they have gone about it. There was a time when REAL was an asset to the sport but now it is turning kiteboarding into a repugnant and insidious political joke. Matt and Tripp are now seemingly more interested in their own personal financial and ego-driven gain than in the love of the sport.
The people they are suing aren't teaching kiteboarding to get rich. Most of them are just barely making a living. They are teaching because they LOVE the sport the way we all do. REAL wants to take that away from them and their students.
REAL. It's time to get REAL again.
This sounds like good ol' corporate america to me..."piles of 'cease and desist letters'...jeez, what has this sport become ?
I don't think that underlying the legitimacy of the legal action will help people in this group condoning what Real is doing.
The kiting community is questioning whether this is morally appropriate in such an environment and given the current dimension of the sport; let alone the other serious issues we should be most concerned with like "fatal accidents" and the likes...
As a (former) instructor I, once again, don't see enough emphasys put in instructions and responsibility for the new riders that you help along (like sending them home with lots of gear and sometimes very little knowledge when the conditions did not allow for proper teaching). When I was teaching I did that, and tryed to follow people along until they were truly ready to progress on their own. This took great amount of energies and it was very time consuming but I will stand behind this approach and hopefully my students out there still appreciate what i did for them. And i do know of instructors out there that still operate in this fashion...i'm sure many of us know them as well and that is where we should direct all the newbies we come across and need lessons.
It's a bit disconcerning to see more effords and money going into "unfriendly" legal actions against other memebers of the kiteboarding industry rather than where it would be more valuable for our community, like "LESSONS"