Injunctive Relief, Damages Sought
The NAFI Wars live on... Following what we're told were
"numerous failed attempts to compel the National Association of
Flight Instructors (NAFI) to cease its unauthorized use of
intellectual property associated with the Master Instructor
Program," Sandy and JoAnn Hill, program creators and founders of
Master Instructors LLC, have filed a copyright infringement and
unfair competition complaint against NAFI.
Six-time Master Instructor and spin training expert, Rich
Stowell, is also named as a Plaintiff in the suit against NAFI.
Stowell created the Aerobatic Instructor Designation Program, a
derivative work of the Hills' program that includes the Master
Instructor-Aerobatic module.
Rich Stowell
Documents were filed in the United
States District Court for the Central District of California on
September 21, 2009. Adam Thurston, a founding partner of the Los
Angeles, California law firm of Eisenberg Raizman Thurston &
Wong LLP (ERTW), stated, "It is unfortunate that NAFI has forced
the Hills to resort to the courts to protect their intellectual
property rights from infringement. The lawsuit seeks preliminary
and permanent injunctive relief as well as damages arising from
NAFI's copying and unauthorized use of the Master Instructor and
Aerobatic Instructor program materials authored by the Hills and
Mr. Stowell, as well as the trademarks associated with these
programs."
JoAnn and Sandy Hill
Thurston, who is also a long time skydiver and pilot, continued,
"It is not just about economics for the Hills, it is a matter of
principle and justice. NAFI is clearly copying their materials
without permission or attribution. What's worse, the Hills have
each supported NAFI for more than a quarter century as members and
as volunteer board members. The Hills allowed NAFI to use their
Master Instructor program royalty-free. Now, after years of
dedication and service to NAFI, the only thanks they get is NAFI
trampling on their intellectual property rights. Its just
intolerable in my view."
NAFI's royalty-free, non-exclusive license to provide the Master
Instructor Program to its members was terminated earlier this year.
A statement released by Sandy and JoAnn Hill explained:
"It became abundantly clear to us in January that NAFI leadership
had no intention of acting in the best interests of its membership
and the Master Instructor Program. Consequently, we decided to
sever our ties with that organization and thus enhance our autonomy
and independence to ensure the continued development and integrity
of the Master Instructor Program. Master Instructors LLC continues
to work tirelessly to build on what has become the preeminent
credentialing program for aviation educators.
Over the last twelve years, for example, we have reviewed 1,350
Master Instructor portfolios submitted by 727 aviation educators
worldwide. NAFI's continued unauthorized use, however, has caused
many to question the program's credibility, integrity, and
viability. Our personal integrity and the integrity of the program
itself are on the line every time we process a Master portfolio.
This unwavering commitment to maintaining high standards has
engendered significant trust by industry and the FAA. We have a
moral duty to guard that trust passionately; thus, we have been
compelled to initiate legal action against NAFI."
"This is all about the instructors," said the Hills, long-time
flight instructors themselves and retired public school teachers.
The untenable situation created by NAFI leadership has
unjustifiably burdened the Hills. "It feels like David against
Goliath," they said. Nevertheless, the Hills are not alone in this
battle. Many ardent supporters of their program have collectively
contributed multiple thousands of dollars to advance the legal
defense of their intellectual property rights. "The overwhelming
financial and emotional support we've received so far from hundreds
of Master Instructors and others is evidence that we are indeed
acting in their best interests. NAFI's conduct in this matter has
struck a nerve in the flight training community."
The parties involved in this litigation note that, "Aviation
education, aviation safety, and the integrity of the Master
Instructor Program will benefit from a successful defense of the
Hills' intellectual property rights."