But they have the right to see it, and offer a match, SDI could then deal with nike direct for the manufacture side.But if Nike offer to make your tops with Dri-FIT technology, no one else can do that because it's their own intellectual property. Therefore, it can't be matched.
We sure did.Ironically we paid them £3m for this new, shiny, glowing contract.
Were the judges own words not 'many millions'?I think people are reading the judgment incorrectly. The judgment makes no ruling on the damage cap, instead it points to the damage cap as a reason why damages alone would not be proper redress for the multi-million pound losses that SDIR have suffered and therefore keeps the matching right in place and goes down the route of the injunction.
Damages wise, I think it's unlikely we will have to pay SDIR any more than £1 million + legal costs. What we end up paying Elite and Hummel who are extremely affected by both the injunction and the matching rights is where the real financial damages will come from.
Part of the contract is to spend half a million on the megastore. If they do not do this breach of contract get them tae phuckThe issue there is that Sports Direct aren’t in the slightest bit interested in having a normal working relationship.
As you said yourself, this is just a bit of sport to them.
They want to use Rangers as a marketing tool for SD or nothing.
Think it’s is time to actively attack his stores as he is attacking our club (peacefully)protests by mass protest to affect his sales ?Hes considering an injunction to prevent the sale of the away and 3rd kits this year, and we will need to pay millions in damages for loss of revenue to SD.
Do %^*& right off
Offset it against what damages are. Judge says you owe £3m just say ok they can keep what they owe usSDI owe us £3 Million in dividends from RRL and just haven't bothered paying it.
You're completely naive if you think it's as simple as just swallowing our pride and buying from Ashley.
I've only read some of the judgement, but I think that reads like the damages will be limited to £1m. The judge has to consider firstly if there's been a breach. He's obviously found that there has been.Were the judges own words not 'many millions'?
It has taken so long because we've continually appealed and have subsequently had our arse handed back to us on a plate.You make it sound so simple - I am amazed it took so many judges years to work it out.
The court time this has taken tells its own story. There is a legal war going on - it still has a long long way to go.
Hummel and for that matter elite would have known exactly what they were getting into with ourselves and the SDI contract . They aren’t suddenly going to sue us .I've only read some of the judgement, but I think that reads like the damages will be limited to £1m. The judge has to consider firstly if there's been a breach. He's obviously found that there has been.
It looks like this part of the decision is to do with what remedy should be granted as a result of that breach.
I think the argument here is that there should be an injunction against us performing the Hummel contract as damages won't fully compensate them. It won't fully compensate them because the contract limits the damages to £1m.
Can't say for certain because I haven't read the judgement and the contract is probably governed by English law (and I'm not an English lawyer).
If the injunction is granted, we will almost certainly get sued by Hummel. Who knows if there is a limitation of liability clause in that contract!?
Unfortunately i don’t think Ashley is interested in making money from us anymore. This is personal between him and King and he’s intent on fucking us as much as possible.Nothing is close to being concluded yet, this will rumble on until at least the end of the season and nothing can be done until then.
Hummel will not supply SD so they can't have our top next season either.
Elite took out a 10 year lease on the gers store so I doubt they fancy seeing their highest profile client disappear so easily or without a fight.
We just spent £4M on a sweedish defender so it's safe to say nothing has changed and won't until at least next season.
I reckon it will get to a point where both parties eventually agree a fee to end this completely once and for all.
At the moment all we can do is wait to see when the appeal will be heard.
My mistake, maybe it really was that simple after all.It has taken so long because we've continually appealed and have subsequently had our arse handed back to us on a plate.
It doesn't have a long way to go at all - we're still waiting on whether our appeal will be heard or not. If no grounds for appeal, then that's it - over and done with.
The only ray of sunshine in all of this is, that this is where it ends - no more fucking court cases.
Correct and not just a few it need to stop if even to let fat boy we are serious because he must be laughing at us.Fat Mike & Sports Direct wont be getting a penny from me ever.
It’s easy for me to say being an overseas Bear but the support as a whole need to be far more militant over this.
There’s still idiots that use the megastore FFS!
I think the problem is sdi don't want to talk,they just want their (as they see it) money..DK previously tried to speak to the fat man but he wasn't interested.It's looking more and more like we might have to talk to SDI. We need merch money and cannot just boycott forever. I personally don't care whether Dave King hates him, the club comes first.
I'm trying to be optimistic. I cannot stand the thought of a permanent boycott. It's so depressing.I think the problem is sdi don't want to talk,they just want their (as they see it) money..DK previously tried to speak to the fat man but he wasn't interested.
So would I be wrong in thinking a future argument maybe that the manufacturing and distribution rights had to be bundled together as Hummel will not supply SD due to their business practices, or am I grasping at simple straws?This bit is difficult to get your head around, but I think the position is that SDI don't have a right to match an offer to manufacture if that offer is free standing. Manufacturing isn't one of the things the have the right to match.
They do however have a right to match if manufacturing is part of an overall deal which includes any of the things they have the right to match. The manufacturing then becomes a "connected commercial arrangement" for the purposes of the contract.
In the Hummel case we offered the right to manufacture together with the right to wholesale distribution. The right to wholesale distribution was one of the things they had the right to match. That meant SDI had the right to see the whole of the Hummel deal and match both the distribution rights and the manufacturing rights - which had become a connected commercial arrangement.
Para 76 - "Rangers chose to bundle wholesale distribution rights (which are, as I have found, an Offered Right) together with manufacturing rights as part of a proposed composite deal which subsequently became the Elite/Hummel Agreement. If a separate deal had been concluded in respect of manufacturing rights then SDIR would have had no right to match it. When, however, the right to manufacture was offered as part of a bundle, or deal, or package that also included one or more Offered Rights that right to manufacture became a connected commercial arrangement."
What is the judge basing this on though? Is it stipulated in the contract (since it is in inverted commas I'm assuming so) or is it just his opinion based on 'common sense' or precedent?Despite this, they can still be a "connected commercial arrangement" if combined in a package with an offered right, such as wholesale distribution. If they are such a connected commercial arrangement, then SDI have the right to match manufacturing rights along with whatever offered right is combined.
That was my reading as well.Re post 536, thinking about it more, I think the manufacturing rights issue is another example of how devious and complicated the agreement is.
Manufacturing rights are expressly excluded from being "offered rights" which SDI are entitled to match.
Despite this, they can still be a "connected commercial arrangement" if combined in a package with an offered right, such as wholesale distribution. If they are such a connected commercial arrangement, then SDI have the right to match manufacturing rights along with whatever offered right is combined.
I struggling to think of a scenario where a manufacturer doesn't distribute to some extent (maybe others can think of one.) I think manufacturing will therefore probably always be a connected commercial arrangement to an offered right.
So it seems to me that although the contract appears to exclude manufacturing rights from being "match-able," in practice it does the opposite.
You make it sound here like it’s simply a case of King going cap in hand to Ashley and saying ‘OK, let’s move ahead with you matching Elite terms’ and everything will be fine and dandy. He might well match Elite terms but then there will be a sting in the tail after 12/18/24 months. You know it, I know it, every f*cker knows it. This is not a business relationship and the animosity is not a one-way street. The Fat C*nt will want way more than simply matching Elite terms. Everything that has gone before will tell you that. Surely?It's looking more and more like we might have to talk to SDI. We need merch money and cannot just boycott forever. I personally don't care whether Dave King hates him, the club comes first.
Problem with that mate is the judgement seems to indicate that the agreement with SDI apparently says that “termination is not an acceptable conclusion to breach of this agreement” I.e. we can’t get them to %^*& if one party breaks the contract.Part of the contract is to spend half a million on the megastore. If they do not do this breach of contract get them tae phuck
It’s become personal with Ashley and he has “f@ck you” money....enough wealth to tie us up in knots for years. I highly doubt he give a shit about negotiating.SDI owe us £3 Million in dividends from RRL and just haven't bothered paying it.
You're completely naive if you think it's as simple as just swallowing our pride and buying from Ashley.
Its giving me the absolute fear. The consequences of this are going to be massive. I cant see how we get out unless King and Jabba can settle.It looks like - to the untrained eye - that the profits made by the Elite deal are going to SDI. So again, no merch money. And yes, it appears we're back to boycotting and being only top flight club in Europe with no merch deal and zero shirt slaesm. And still the fucking judge won't name 'fair price' to buy out the deal. It seems literally infinite in duration.
Our legal team have been fucked without lube. In fact they brought the lube but were ordered not to use it by the judge.
SDIs battle with Rangers is an irrelevance to the shareholders of the behemoth that is SDI unfortunately. We will barely register on their radar in financial terms. In terms of publicity should we fans choose to make this fight ‘dirty’ then it might catch their attention.Worrying circumstances, but worth thinking back in Kings history in court cases. When SARS were taking him to court he was happy to concede various aspects of the claim against him, but the case lasted near a decade before an agreement was reached.
He just dragged the thing out for many years until attrition took centre stage and all parties were just happy to agree settlement. I can't help but think he's doing the same here, possibly even expecting SD shareholders to eventually step in an end the bad publicity and worthless drain on resources for the company.