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Accordingly, the Court held that the question of whether tacking is warranted must be decided by a jury.
Tacking is another way to state the priority issue: It allows a mark's owner to "tack on" the prior use of the old format to the use of the new format to achieve priority of use over a rival.
Of course, a judge may decide the tacking issue in a non-jury case, and may do so in a jury case if the facts warrant it on a motion for summary judgment or for judgment as a matter of law.
The tacking spar (ON beitiass, ANF betas) was a beam that crossed from one gunwale to the other at an angle, its forward tip booming out the lower corner of the sail; the sail pin (lof) or bumpkin (small boom) was a smaller device inserted through the sail and the gunwale for the same purpose.
"When a jury trial has been requested and when the facts do not warrant entry of summary judgment or judgment as a matter of law, whether tacking is warranted must be decided by a jury," the Supreme Court ruled.
The new RRS 18 applies for mark roundings, RRS 19 applies to passing obstructions and RRS 20 is for tacking at obstructions.
Rule 10 port and starboard, Rule 11 windward boat to keep clear of leeward, Rule 12 boat clear astern keep clear of boat clear ahead and Rule 13 while tacking, keep clear of all other boats.
If this were done in the middle of the race course Sally could easily avoid Patsy by bearing away, by luffing or by tacking. No Rules would be broken.
If you tack first, you will twice have to bear off dead downwind after tacking, which is slow.