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Poster | Thread | Pyramider
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Re: First round goes to Hyperion Posted on 21-Jun-2007 19:04:46
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Member |
Joined: 18-Feb-2004 Posts: 66
From: De Peel | | |
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| @NutsAboutAmiga
I agree that the news about the case is good news, but not for the reasons you bring forward.
I. Amiga Delaware has not proven they are legal successor of Amiga Washington. Amiga Delaware has not proven they own registered Amiga trademarks and IP. Quote:
the absence of proof of Amiga Delaware's status as lawful successor in interest to the rights set forth in the Agreement, and of Hyperion's and Eyetech's written acceptance thereof in compliance with § 7.12 of the Agreement. |
II. Hyperion has not proven that Amiga Washington was insolvent. Quote:
Hyperion asserts that William McEwen admitted in a sworn 2003 deposition that Amiga Washington had become insolvent, and therefore Amiga Delaware has no rights under the Agreement. |
Quote:
However, nowhere have the parties to the Agreement defined what was meant by "insolvent". There is thus a serious factual dispute over wether (and when) Amiga Washington became insolvent, and the effort of that insolvancy on its trademark rights under § 2.07 of the Agreement. |
III. Quote:
The $25,000 "Buy-In" by Amiga |
Hyperion state that Amiga did not pay the full 25,000 Amiga state Hyperion December 2004 OS 4.0 was merely a "beta" Quote:
These disputes regarding the payments and the completion date for OS 4.0 cannot be resolved on the record before the Court as it now stands. |
Again, I agree that points II and III are highly disputable, but point I is crystal clear. This is the reason Hyperion probably can go an as before, and the reason why they made a counterclaim against Amiga.
The counterclaim mainly being: Quote:
Hyperion denies that Amiga Delaware is the company it claims to be |
So the counterclaim is on the table, and we wait for more news/hardware/software. |
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