Yachting: More Cup players seek to jump ship

New Zealand design guru Tom Schnackenberg is not alone in his desire to switch teams during an America's Cup period.

There are two other cases which have caused a stir in the cup world.

New Zealander John Cutler, who sailed with Oracle in the last cup, was initially with K-Challenge, switched to Mascalzone Latino, now Team Capitalia, before ending up with the Spanish Challenge Desafio Espanol.

American designer Phil Kaiko followed the same journey as Cutler and has ended up at Desafio Espanol.

While it is unclear what the situation is with Cutler, as he was Mascalzone's design co-ordinator, Kaiko's case is heading towards an America's Cup jury hearing.

Team Capitalia claim Kaiko had input in their design process, so has taken information to his new team.

Although Team Capitalia were only "potential challengers" when Kaiko was with them (they filed their challenge only last month), the cup protocol prohibits designers changing teams if the potential challenger becomes a competitor.

However, it is understood a jury hearing can cost around $90,000, which may lead to a rethink from Desafio Espanol.

The cup protocol says designers are restricted to work for one competitor. Sailors used to be able to change teams up until 18 months before the first match of the cup. But in what has become the "Coutts clause", the rule was altered.

Sailors are not allowed to change teams if they have spent 180 days or more with one team (paid or unpaid). The rule-change occurred just before Russell Coutts was sacked from Alinghi, implying it was to prevent him from sailing with another team.

Schnackenberg is taking Team New Zealand to court claiming they hired him only to prevent him going to another team.

He and his company North Sails are seeking to lift a restraint of trade covenant in his agreement so he can join another syndicate.

Since Grant Dalton took over the reins at Team New Zealand Schnackenberg has faded into the background, working only part-time.

Schnackenberg's claim he doesn't know what is supposed to be so secret he can't be trusted to keep one is possibly a legitimate argument.

However, even if Schnackenberg were to wiggle his way out of his contract with Team New Zealand he would still have to find a way around the protocol.