Just throwing it in here;

Gunnar von Boehn
(Apollo Team Member)
Posts 2432
16 Apr 2017 12:23

wawa t wrote:

Quote:

okay, so what the both p96 apollo core drivers (one initial written by thor, the other by jason) are for, in your educated opinion?

Gunnar replied:

Quote:

Lets not confuse people. The driver started by Thor - was never really working. Only the driver done by Jason did fully work and only this one was ever provided for download and used by the people. The second driver which is really working and will be published soon was done by flype.

http://www.apollo-core.com/knowledge.php?b=1¬e=4848&x=1

Last edited by Overflow on 16-Apr-2017 at 12:47 PM.

@Trixie

You're absolutely right there Trixie.
The trademark the only asset Bill has left, and I doubt any of our concerns will affect whatever decision he makes.

@tonyw

Quote:

Hyperion has hardly any of the code from OS 3.5/3.9

Reaction...

Last edited by iggy on 16-Apr-2017 at 01:37 PM.

@Overflow

Quote:

okay, so what the both p96 apollo core drivers (one initial written by thor, the other by jason) are for, in your educated opinion?

since its taken out of context, i wrote it to some misinformed forum attendant, not to gunnar.

@wawa

Yeah, apologies for that. I was considering removing your part of that post

@iggy

Quote:

Now if someone could get Bill to cough up the rights to the Amiga trademark

Nothing has changed. It still varies depending on country, so I believe it's too simplistic to define the solution quite like you just did.

http://aminet.net/search?query=trademark

#6

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@number6

From the content of that reference, it looks like we might just have to wait him out, at least in the US.
The continuing European registrations are troubling.

Do you have any idea what it would take to render them invalid?

AND, if Bill loses ownership, how does someone else gain the use of the trademark?

One smart move on McEwen's part right now would be to immediately seek the use or licensing of that trademark before it becomes a moot point to him.

But "smart" does not appear to be his strong suit.

Last edited by iggy on 16-Apr-2017 at 05:04 PM.
Last edited by iggy on 16-Apr-2017 at 05:03 PM.

@iggy

Quote:

Do you have any idea what it would take to render them invalid?

Not so much a response as to "invalid" as an example of what became of anther Amiga trademark:

ABANDONED - NO STATEMENT OF USE FILED - Applicant has not submitted proof of use in commerce the the USPTO.

I believe that should read "to the" as opposed to "the the". heh.

Quote:

AND, if Bill loses ownership, how does someone else gain the use of the trademark?

post #4 confirmed in post#6

Plenty of information here, especially on opposition, which has been a factor before from those with either Commodore and/or Amiga aspirations:

http://www.trademarkia.com/faqs/

Quote:

One smart move on McEwen's part right now would be to immediately seek the use or licensing of that trademark before it becomes a moot point to him.

they now have a license to use the Amiga name and boing ball logo

#6

Last edited by number6 on 16-Apr-2017 at 05:34 PM.
Last edited by number6 on 16-Apr-2017 at 05:27 PM.
Last edited by number6 on 16-Apr-2017 at 05:19 PM.

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@number6

Well...from the totality of references you've provided, it actually DOES look this simple, Bill is actively using (or at least licensing) the trademark, so he's not likely to lose it.

Which still makes him the man controlling the asset.

@iggy

Quote:

Bill is actively using (or at least licensing) the trademark, so he's not likely to lose it.

Lets refer to AInc, not "Bill" - we don't know if McEwen is still involved.

A trademark registration doesn't renew automatically, that's a manual process - which is why Amiga trademarks have been expiring all over the world in the last few years. None of the really important ones ("Amiga" in US and EU) have been affected yet, so it remains to be seen if it's incompetence or if they're just trying to minimise the amount of fees they have to pay regularly.

@iggy

And before people get the wrong idea about the example I cited (OOOooo Amiga is available for the taking), it is THIS trademark that is the one that is still listed as active in the U.S. and subject of most of our discussions:

http://www.trademarkia.com/amiga-73571532.html

as referenced here

#6

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@cgutjahr

Quote:

Lets refer to AInc, not "Bill" - we don't know if McEwen is still involved.

Obviously the legal control is still Darren B. Cohen, and easily researched as same.

All we have beyond that is rumor that McEwen must be consulted before any action takes place.

But since the "courtesy reminder" that their trademark was about to expire was sent only about a month before the "case licensing", I would assume that the lawyer acted swiftly.

#6

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@number6

SO, while were going circles here, the point still seems to be that AInc. still holds the trademark in the primary markets.
Or am I missing something?

Last edited by iggy on 16-Apr-2017 at 06:00 PM.

@iggy

All I do is read, consult, and post a few hopefully helpful links. I'm not a trademark attorney.

But since we have several trademark attorneys who have visited AW over the years, perhaps one will venture an opinion. (fat chance)

#6

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@number6

Gotcha, but it still begs the question, are will really at the mercy of AInc. here?

@iggy

First of all, apology for going so far off the thread topic of P96.

That being said, although we briefly reviewed trademark, that's only one thing of importance to people, right? For others it will be that plus...or only the OS. Others might have even more extensive interests.

Therefore, doing something about Amiga Inc. isn't really a solution for everyone, is it?

#6

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@number6

Quote:

All we have beyond that is rumor that McEwen must be consulted before any action takes place.

Or rumour that this is no longer the case, depending on who you ask.

@cgutjahr

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Or rumour that this is no longer the case, depending on who you ask.

So true.

Oh good. I found someone new we can blame for everything;

January 27, 2015

Stroke of luck that was sent in July, followed by the Philippe Lang case licensing...(evil grin)

#6

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@cgutjahr

Quote:

Or rumour that this is no longer the case, depending on who you ask.

Has anyone maintained any dialogue with Amiga Inc. in any formal capacity on this?

The likelihood is that Amiga Inc. is using its trademark portfolio primarily as a tax write-off at this point.

The last comment from Trevor Dickinson suggested that any overtures took place a number of years ago and it wasn't clear if A-EON was directly involved or if it was another party.

As far as date-watching is concerned, it's a pointless exercise. Trademarks expire and get renewed all the time. It ultimately comes down to proof of use and who has the resources to fund any litigation.

@ne_one

Quote:

The last comment from Trevor Dickinson suggested that any overtures took place a number of years ago and it wasn't clear if A-EON was directly involved or if it was another party.

I gather you mean after CommodoreUSA DID license the trademark, right?

#6

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@number6

His comment at the Amiga Ireland show was that Amiga was approached at one point and wanted an ungodly sum to buy the trademarks.

I believe he meant to secure ownership, not license the right to use the trademark.