However, there is a great deal of 'so what?' about the complaint and the two syndicates are not alone in suspecting diversionary tactics.
One of the reasons this protest may not get much air time in the jury room is that the AC45s were parked, on display, right on an easily accessible area of Piers 30-32 - which houses the Luna Rossa and Team NZ bases. They were being lined up for the Red Bull Youth America's Cup - a 10-boat regatta involving promising young sailors, beginning on September 1.
There would also be little or nothing for team members to find, especially as the boats had been cleaned up ready for the new regatta. Unlike the AC72s, the AC45s are identical - meaning anyone seeking information on boat build and design would be wasting their time. That's why Team NZ called the protest "laughable", implying that the protest seemed to be an attempt to embroil competitors - particularly Emirates Team NZ - in the same sort of strife enveloping the Oracle team at present; or a diversionary tactic.
Oracle are facing jury hearings on August 27 that could spell the end of the regatta for some team members and/or the team being so heavily penalised that Emirates Team NZ could enter the America's Cup match facing a foe that has had points or races docked.
"Desperate people do desperate things," said one America's Cup source.
Certainly "trespass" seems a quaint notion in circumstances where the boats are laid out in the competitors' backyard, on display. The complaint pertains to the reconnaissance provisions of the America's Cup Protocol - which lays down strict guidelines on what competitors can and can't do with rivals' boats.
Oracle may yet be proven to have a legitimate gripe - though it's understood Team NZ's people were only near the AC45s to give assistance to the Yachting New Zealand crew taking part in the Youth America's Cup and did not touch the AC45s in question.
It would not be beyond the realms of possibility that Italian or Kiwi team members, seeing the AC45s on hand, might decide to have a look at the objects of so much discussion in this America's Cup. But is that trespass?
It seems an odd protest at a time when Oracle are facing a much bigger issue. It also does not gel with the philosophy espoused by CEO Russell Coutts, who recently said: "Anyway, I don't bother much with all that rules stuff. The winner of the America's Cup always has the fastest boat or the best crew or a combination of both. That's what I spend my time on."