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The company fired by Team New Zealand’s events arm has been told to stop using images and phrases on its website that link it to the America’s Cup.
In a multi-million dollar court battle between Mayo and Calder and Team New Zealand’s America’s Cup Event Limited (ACE), the company claims his firing by ACE was illegal.
But in an oddity about how the event is run, Mayo and Calder said he was still working for the Challenger of Record, whose “events represent the majority of anticipated water races at COR events and the AC36 (Cup) match. ”.
The New Zealand team’s “cease and desist” movement relates to the continued use of images and references to their role in the “36th America’s Cup 2020-2021” on the Mayo and Calder website.
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The letter from Team New Zealand’s lawyers said that the references to the team, ACE and the Cup event gave the incorrect impression that he was still involved in the Cup match.
He also argued that the words “America’s Cup” and the silhouette of the trophy are trademarks, which the team understands that Mayo and Calder are not licensed to use.
Emirates Team NZ
New Zealand’s AC75 Te Aihe looked impressive on its long-awaited return to action in Auckland.
The latest disagreement highlights the complexity of the arrangements used for decades to organize America’s Cup regattas, involving both the Cup defender and a separate coalition of rivals.
While the spectators consider the Copa América to be everything from the first meeting between the rivals to the decisive race of the Cup, in fact they are two events with a separate management.
ACE fired Mayo and Calder on June 29 from their role as “event delivery partner,” claiming they had leaked confidential information about ACE.
In a counterclaim and defense statement, Mayo and Calder said they had the right to provide information to the Ministry of Business, Innovation and Employment under the protections of “whistleblowers.”
Supplied
Grant Calder and Tom Mayo’s company claims their firing by ACE was illegal.
The whistleblowing action prompted MBIE to hire forensic accountant Beattie Varley to examine the concerns raised, but the final report found no wrongdoing, fraud or wrongdoing on the part of ACE or Team New Zealand.
Mayo and Calder, in their defense presented in Auckland High Court, said that the agreement under which ACE had contracted him in May 2018 meant that it could only be terminated “with the concurrence” of the Challenger of Record.
That defense is not addressed in ACE’s claim, and Stuff understands that there are separate agreements between ACE and the Challenger of Record, regarding the perfect connection of technically separate events.
The “event delivery partner” manages the ground activities around the Cup Village, a role that Mayo and Calder played on three calls in Auckland on the Volvo Ocean Race.
Mayo and Calder / Supplied
Mayo y Calder’s event manager website announces their continuing role in the 36th America’s Cup despite being fired by ACE, Team New Zealand’s events arm on June 29, 2020
Stuff He approached the Challenger of Record in Italy, but chose not to comment while the matter is in court.
Attorneys for Mayo and Calder declined to comment when approached by Stuff.
In a new legal action revealed by Stuff On Friday, ACE sued Mayo and Calder for $ 2.8 million alleging negligence in the loss through a bill scam.
Mayo and Calder, in turn, are suing ACE for $ 1.14 million, the value of their terminated contract, and unspecified damages, for alleged damage to their reputation and future business.
