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/  Forum Index
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      /  Amiga Inc. Loses U.S. Trademarks
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PosterThread
dooz 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 27-May-2017 18:43:44
#141 ]
Member
Joined: 17-Jul-2013
Posts: 39
From: Unknown

@andres

IMHO "small relaunch" will be a probably a big disaster. For small relaunch you need the same development efforts and finished product like for "big relaunch" but results are.....well at best small. The risk is on the other hand huge and it can drain small resources that we have. It might happen that we never recover.

The problem is that everyone expect something instantly and without natural grow. I dont think that we can make a flash like when Amiga hit the market for the first time. That will not happen. Even Commodore did not invented Amiga - they bought an Amiga company and nearly finished product and then they go with launching Amiga.

But maybe we can grow slowly and steady in a natural way to gain our place under the sun. Then after some foundation is made, we can think further steps and so on.....

This assume that everyone in existing Amiga community is heading in the same direction - which is clearly not the case.

Amiga trademark still has a value, at least in Europe. When I wrote an article (http://www.bug.hr/vijesti/amiga-iz-21-stoljeca-prodaji/156543.aspx) some time ago about AmigaOne X5000 in Croatian magazine "BUG" the answer from audience was a significant. The article was the number one for two weeks. Everybody here know very well what is Amiga. Only one reader asked what is Amiga and why is so special when compared to ordinary PC. So this reader noticed what everyone is talking about and got interested.

-Dooz

Quote:

andres wrote:
Without a single company able to put all the pieces together, and able to find the budget to project a small relaunch, everything is going to vanish in the next few years.

We all see the forums, as we all see that even the most passionate users get tired. Within a few years, continuing so, it will remain a dozen people at most.

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BoingBear 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 27-May-2017 21:45:16
#142 ]
Regular Member
Joined: 28-Oct-2015
Posts: 132
From: Unknown

@number6

Quote:

number6 wrote:
@thread

re:filings by Hyperion Entertainment CVBA

Benelux filing:

Amiga Forever

Please note this is not the same trademark for EUR as shown here for reference, previously posted and discussed in this thread:

Source

Please inform me of any errors in posting and I will correct.

#6


What the ?#%$ is Hyperion Entertainment CVBA doing registering "Amiga Forever" for? Just to piss off Colanto, who has been using "AmigaForever" to market their Amiga emulation package for many years?

This appears to be getting much more nasty than I had thought, but it comes as no surprise when Ben Hermans is involved. IMO, that guy is just scum of the earth.

I'm not saying that the owner of Colanto is a saint, or that his aggressive pursuit of Amiga trademarks and copyrights did not cause this obvious response by Hyperion Entertainment, but this continuing drama in Amiga land is just very disappointing and disgusting. Why can't these people attempt to get along? Seems like ever since Hyperion Entertainment got involved with developing AmigaOS4, the community has suffered through one lawsuit after another and constant conflict seems to be the norm. Could this have anything to do with the mentality of all lawyers?

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iggy 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 28-May-2017 11:46:28
#143 ]
Super Member
Joined: 20-Oct-2010
Posts: 1175
From: Bear, Delaware USA

@BoingBear

Yes, its as aggressive as it can get, isn't it?
Trying to claim another company's established and actively used trademark.

Quote:
Could this have anything to do with the mentality of all lawyers?


Of course! And what is Ben Hermans again? Oh, yeah, a lawyer.

Quote:
IMO, that guy is just scum of the earth.


Hey, at least I won't face censure about pointing that out.

Again, GOT POPCORN?

Last edited by iggy on 28-May-2017 at 01:28 PM.

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TRIPOS 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 30-May-2017 22:25:33
#144 ]
Cult Member
Joined: 4-Apr-2014
Posts: 839
From: Unknown

@number6

Quote:

number6 wrote:
@TRIPOS

ty, but I performed a search in page (manual search would take far too long) for the term I see on Hyperion's site (see my link) "Amiga Workbench" and came up empty.


You should use only "workbench" in your search in those threads, and you'll find more results. I have rarely (if ever) seen anyone use the term "Amiga Workbench" in day to day speak, it's usually either "Amiga" (as in hardware or platform as a whole) OR "Workbench" (as in the platforms operating system (or those speaking Newspeak: a "window manager")). IMHO, speaking of "Amiga" usually silently includes the "Workbench" without saying (as they are two halves of a whole), only when specifically singling out the operating system in discussions (like Hyperion did when announcing their Workbench product, I counted to 15 (fifteen) occurrences on their web pages then) you speak of Workbench, and in those situations the "Amiga" prefix is kind of redundant since it goes without saying.

Quote:
That would mean no one commented about the change in term, else it would be quoted, no?


There was indeed some talk of the change, I for one gave my view of what was happening, but you must understand that some people cramps up mentally and put their head in the sand (and start calling people "trolls" or "the usual suspects" or such) as soon as the operating system is referred to as Workbench, since that goes against their perception of an acceptable reality based on Hyperion exclusive trademarks, which per default excludes the Workbench trademark and the rainbow colored checkmark, etc.

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TRIPOS 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 30-May-2017 22:31:16
#145 ]
Cult Member
Joined: 4-Apr-2014
Posts: 839
From: Unknown

@number6

Quote:

number6 wrote:
@thread

re:filings by Hyperion Entertainment CVBA

Benelux filing:

Amiga Forever

Please note this is not the same trademark for EUR as shown here for reference, previously posted and discussed in this thread:

Source


What do you mean? They seem identical to me, with the only difference being the jurisdictions?

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 30-May-2017 22:41:55
#146 ]
Elite Member
Joined: 25-Mar-2005
Posts: 9894
From: In the village

@TRIPOS

Please observe the difference in the dates.

#6

_________________
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*Secrecy has served us so well*

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Tomppeli 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 30-May-2017 22:47:51
#147 ]
Super Member
Joined: 18-Jun-2004
Posts: 1602
From: Home land of Santa, sauna, sisu and salmiakki

@BoingBear

Quote:
What the ?#%$ is Hyperion Entertainment CVBA doing registering "Amiga Forever" for?

A good guess would be they're trying to secure AmigaOS and AmigaOne names for themselves.

_________________
Rock lobster bit me, so excuse me. If you'll plan to deal with me, be serious !
X1000 + AmigaOS4.1 FE. Be authentic.
"Anyone can build a fast CPU. The trick is to build a fast system." -Seymour Cray

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TRIPOS 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 30-May-2017 23:19:32
#148 ]
Cult Member
Joined: 4-Apr-2014
Posts: 839
From: Unknown

@number6

Quote:

number6 wrote:
@TRIPOS

Please observe the difference in the dates.

#6


What about it?

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Hyperionmp 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 1-Jun-2017 22:41:44
#149 ]
Hyperion
Joined: 8-Mar-2003
Posts: 502
From: Unknown

@number6

For the record, using caps like "WORKBENCH" as opposed to "Workbench" does not many any difference.

Incidentally, the period to file an opposition is limited in time and the US trademark was granted many years ago.

Since "Workbench" has always been part of AmigaOS since its very inception (in fact "Workbench" was used long before anybody ever used "AmigaOS"), why would have Hyperion filed an opposition in the US against the trademark "Workbench"?

Hyperion had already been using it since 2001 and Cloanto was an ally in the legal struggle between 2007 - 2009 against Amiga Inc.

Last edited by Hyperionmp on 01-Jun-2017 at 10:57 PM.

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 1-Jun-2017 22:49:44
#150 ]
Elite Member
Joined: 25-Mar-2005
Posts: 9894
From: In the village

@Hyperionmp

Quote:
Since "Workbench" has always been part of AmigaOS since its very inception (in fact "Workbench" was used long before anybody ever used "AmigaOS"), why would have Hyperion file an opposition in the US against the trademark "Workbench"?


I don't think anyone posted in this thread with such a query, but I could be wrong.

The only opposition I posted was the obvious one for Amiga in the U.S.

ahh...you were responding to my post #120. Thanks.

#6

Last edited by number6 on 01-Jun-2017 at 10:55 PM.

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Hyperionmp 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 1-Jun-2017 22:55:23
#151 ]
Hyperion
Joined: 8-Mar-2003
Posts: 502
From: Unknown

@number6

That opposition was filed because Hyperion is required to do so pursuant to terms of its settlement agreement with the Amiga Parties.

It was subsequently immediately parked until September so common sense can return without further expenditure for either party.

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 1-Jun-2017 23:02:41
#152 ]
Elite Member
Joined: 25-Mar-2005
Posts: 9894
From: In the village

@Hyperionmp

Quote:
It was subsequently immediately parked until September so common sense can return without further expenditure for either party.


Understood. I didn't expect any more activity on the Amiga trademark in the near future in terms of official correspondence with uspto.

#6

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Hyperionmp 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 1-Jun-2017 23:03:54
#153 ]
Hyperion
Joined: 8-Mar-2003
Posts: 502
From: Unknown

@number6

That is why it is called a "cooling off" period. Officially.

_________________

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jorit2 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 2-Jun-2017 11:21:49
#154 ]
Regular Member
Joined: 22-Apr-2011
Posts: 151
From: Unknown

@Hyperionmp

Quote:

Hyperionmp wrote:
@number6

That opposition was filed because Hyperion is required to do so pursuant to terms of its settlement agreement with the Amiga Parties.

It was subsequently immediately parked until September so common sense can return without further expenditure for either party.


Required ? Really ? Did I sign that ?

Evert

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 2-Jun-2017 16:12:20
#155 ]
Elite Member
Joined: 25-Mar-2005
Posts: 9894
From: In the village

@thread

One minor interesting point about the Hyperion Benelux Workbench filing only.

Quote:
Cl 25 Baseball caps and hats; Beachwear; Athletics footwear


Either or both Class (CL) 9 and 41 are present in all filings that we've listed, as they cover Computer and printed matter, but only this one listing includes this other merchandising.

#6

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*Secrecy has served us so well*

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Rob 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 2-Jun-2017 19:26:45
#156 ]
Elite Member
Joined: 20-Mar-2003
Posts: 5588
From: S.Wales

@jorit2

Would it come under this part of the settlement or does it only cover the marks that the Amiga parties licensed to Hyperion?

13. Intellectual Property Enforcement. Hyperion shall inform the Amiga Parties of any infringements of the Software and the Licensed Marks that come to Hyperion's attention. The Amiga Parties shall have the first right to enforce the copyrights to the Software and the trademark rights to the Licensed Marks against third parties.

In the event that the Amiga Parties elect not to, or do not, exercise such rights, the Amiga Parties, during the term of the licenses set forth in this Agreement, grant Hyperion the right and unconditional permission to enforce (at Hyperion's own expense) Hyperion's (exclusive) license to the Software and the Exclusive Licensed Marks and Hyperion's (non-exclusive) licenses to the "Boing Ball" logo mark.

If requred by applicable law and requested in writing by Hyperion, the Amiga Parties shall intervene in any enforcement proceedings brought by Hyperion, at Hyperion's sole expense. If the Amiga Parties fail to so intervene within 25 days of receipt of Hyperion's written request for such intervention, then the Amiga Parties irrevocably provide Hyperion with their power of attorney to intervene in the name of the Amiga Parties and its individual components (i.e., Amiga, Itec and Amino), for purposes of the action(s) specified in Hyperion's written notice to intervene.

In the event the Amiga Parties assign ownership of the Amiga Marks to a third party, including without limitation as result of a transfer by contract or by operation of law, such third party must agree in writing to be bound by the terms and conditions of this Agreement, and to assume the obligations of the Amiga Parties under this Agreement.

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jorit2 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 2-Jun-2017 19:36:02
#157 ]
Regular Member
Joined: 22-Apr-2011
Posts: 151
From: Unknown

@Rob

All I read here, is a requirement to notify, I don't see a requirement to enforce the license to the Software and the trademarks

Evert

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HyperionHolding 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 2-Jun-2017 23:01:14
#158 ]
Member
Joined: 2-Jun-2017
Posts: 31
From: Unknown

@jorit2

https://www.youtube.com/watch?v=MZp93vI4VOg

Posted by Ben Hermans

Last edited by HyperionHolding on 03-Jun-2017 at 11:13 AM.

_________________
This post reflects the personal opinion of Ben Hermans and not necessarily of Hyperion Entertainment CVBA.

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pavlor 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 3-Jun-2017 7:45:50
#159 ]
Elite Member
Joined: 10-Jul-2005
Posts: 8486
From: Unknown

@HyperionHolding

Welcome!

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HyperionHolding 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 3-Jun-2017 11:28:41
#160 ]
Member
Joined: 2-Jun-2017
Posts: 31
From: Unknown

@pavlor

Well, I am hardly a new user but some people found the use of "HyperionMP" confusing.

I have now added a clear indication that it is my personal opinion. I did the same for HyperionMP but it did not seem to work. I hope it works now.

Well, it appears the signature is not added automatically, you have to click on "Profile" to see it. Any tips on including the signature as default setting?

Thanks.

Ben

Last edited by HyperionHolding on 03-Jun-2017 at 11:31 AM.
Last edited by HyperionHolding on 03-Jun-2017 at 11:30 AM.

_________________
This post reflects the personal opinion of Ben Hermans and not necessarily of Hyperion Entertainment CVBA.

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