04.10.2010

NCCCO wins in court

The US crane operator certification business, the National Commission for the Certification of Crane Operators (NCCCO) has won its litigation against the California Crane School and its owner, John Nypl.

A federal judge found that California Crane School and Nypl were in civil contempt for violating a 2005 permanent injunction issued against them. It also found that they had breached a 2005 settlement agreement with the NCCCO. In July, the federal judge in the action entered a final judgment in favour of NCCCO.

NCCCO president, John M. Kennedy said: "NCCCO brought this legal action reluctantly and only as a last resort. Where there is evidence of inappropriate conduct by firms or individuals who seek to associate themselves with CCO certification, however, NCCCO must take immediate and effective action to protect the integrity of the CCO credential. To do otherwise could jeopardise the value of CCO certification and put at risk those who rely on it to mitigate the hazards associated with working around cranes."

The latest court action stemmed from Nypl’s misappropriation and use of the "CCO" logo and acronym in certain internet domain names. Among other things, the court directed California Crane School and Nypl to transfer the domain names to NCCCO, post corrective notices to clarify that California Crane School is not endorsed by nor associated with NCCCO, and reimburse NCCCO for its legal fees and costs.

Separately, in a California state court, a judge dismissed several claims brought against the NCCCO by California Crane School, Nypl, and several other plaintiffs. The plaintiffs' complaint demanded more than $30 million from NCCCO for alleged violations of the Cartwright Act (California's antitrust law) and the California Unfair Competition Law.

In April, after giving the plaintiffs several opportunities to amend their complaint, the court dismissed the antitrust and unfair competition claims, finding that the allegations failed to state a claim against NCCCO and also denying permission for the plaintiffs to reassert those claims. The plaintiffs were allowed to proceed only with their individual claims.
Click here to see original Vertikal report on this case from March 2008
Nypl and the California Crane school were struck off as an NCCCO examination centre in 2008, although the company can still train operators up to take the NCCCO test.