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      /  Amiga Inc. Loses U.S. Trademarks
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PosterThread
Jose 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 13-Jun-2017 16:27:57
#201 ]
Cult Member
Joined: 10-Mar-2003
Posts: 897
From: Unknown

@TRIPOS

I really don't get it. Why do some of you religiously treat Hyperion as an evil entity, I mean, it's not like any other company hasn't given priority to their interests... At least they did something productive with it and are trying to continue, many others have only tried to milk the cow's blood, sort of speak.

Last edited by Jose on 13-Jun-2017 at 04:28 PM.

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pavlor 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 13-Jun-2017 16:44:01
#202 ]
Elite Member
Joined: 10-Jul-2005
Posts: 8416
From: Unknown

@Jose

TMHGM (or TRIPOS what he calls himself now) was one of the most vocal MorphOS supporters in the original Blue/Red war back in the early 2000s. Such people see OS4 and Hyperion as embodiment of evil threatening their beloved OS.

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 13-Jun-2017 16:58:48
#203 ]
Elite Member
Joined: 25-Mar-2005
Posts: 9802
From: In the village

@thread

Lest there be no doubt who just filed as potential opposer to Cloanto's filing for the U.S. Amiga trademark...

Quote:
Correspondence: James T. Hultquist
Reed Smith LLP


Well, it's not just the company attorney's address, it's also the company's address.

Source

Now one might ask why Amiga Inc. did not file as potential opposer, despite being listed as an inactive company. Let's post their address for starters:

Quote:
Amiga, Inc
17 Deer Track Ln
Goldens Brg, NY 105261208


What is that address you ask?

many of the shell companies plus Pentti & Amiga Inc. listed here

He was KMOS too

John Grzymala's name can be found in the court documents for the Amiga Inc./Hyperion VOF settlement, acting for Itec LLC.

And the address here was the mail drop for Amiga Inc.:

167 Madison Ave #301, New York, NY
The above was well documented by Cecilia, when she paid them a visit.

Tronman (Amiga Inc. employee) account of same

When Pentti passed away, John lost his job managing the family trust (which also included Hakia where his name vanished amidst a sweep of staff).

Lawyers from Reed Smith have been handling this mess since then.
Darren B. Cohen, Amiga Inc.'s attorney of record (trademark etc.) never acted, which should tell you plenty.

I just thought folks might appreciate a little background, if they missed these years.
Now you don't have to wear out AW's search engine. heh.

#6

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OlafS25 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 13-Jun-2017 17:45:18
#204 ]
Elite Member
Joined: 12-May-2010
Posts: 5078
From: Unknown

@number6

What a chaos...

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OlafS25 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 13-Jun-2017 17:50:33
#205 ]
Elite Member
Joined: 12-May-2010
Posts: 5078
From: Unknown

@pavlor

I would say it this way... Ben H. is not innocent at the escalations

I would prefer the brand amiga in neutral hands and I would not feel very comfortable when Ben H. would get a grip on it

But finally a brand without competitive products is not worth much either

the same will happen what happened at the X5000 article... people will look at it, say nice but too expensive and go away, even more when they realize that they would need unix to use the hardware

it makes no sense for majority of people. Tabor is cheaper of course, we will see

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 13-Jun-2017 17:58:49
#206 ]
Elite Member
Joined: 25-Mar-2005
Posts: 9802
From: In the village

@OlafS25

What I posted is merely tip of the iceberg. One of my personal favorites was the issue that caused the author of freeamiga to come to AW and express fear for his life.

and the same names appear yet again

I'm just having a hard time believing that Itec springing back into action and SURELY reviving all this information in the course of any opposition, is in the best interests of the Kouri family, who they are supposed to be representing.

#6

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OlafS25 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 13-Jun-2017 18:09:34
#207 ]
Elite Member
Joined: 12-May-2010
Posts: 5078
From: Unknown

@number6

slowly I seem to loose the overview who is fighting about the dead corpse

Hyperion, the law firm Ben H. works at, Cloanto, Amiga Inc. related entities

who is next? The queen?

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 13-Jun-2017 18:16:44
#208 ]
Elite Member
Joined: 25-Mar-2005
Posts: 9802
From: In the village

@OlafS25

Not sure if this helps re:motivation but...

Quote:
Itec is also the Senior (first place) Secured Creditor of Amiga Inc.

Source-Question 1.12

Sorry to dwell on Itec, but of those you mentioned, I don't see them as having contributed to the interests of most remaining fans and certainly not to the Kouri family imo.

#6

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TRIPOS 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 14-Jun-2017 7:51:58
#209 ]
Cult Member
Joined: 4-Apr-2014
Posts: 816
From: Unknown

@TRIPOS

Quote:

TRIPOS wrote:
@number6

Quote:

number6 wrote:
@kamelit0

Hyperion's version has had all text references to it changed to "Amiga Workbench".


That probably won't be enough, they are obviously still making available to the public/customers a product using the registered "Workbench" trade mark (this picture proves it!):



(2017-06-06, 12.20. Source: http://hyperion-entertainment.biz/index.php/news/1-latest-news/175-bugfix-update-for-workbench-31-4043 )


Big Fail, Hyperion! Get ready for Strike Two!



A second strike regarding abuse and infringement of other entities' trademarks probably won't help their trademark robbing efforts, including their delayment/opposition of Cloanto's Amiga trademark registration...

(Whether or not this also is a case of copyright violation, in other words piracy, remains open. Maybe this will be (or is currently being?) tried by legal institutions as well?)



Well, well, it turns out that Hyperion has indeed continued to infringe the trademark by having Workbench available all along, not only by text in some web page, but as a downloadable product as well...

They didn't pull it at all...



Quote:

miggymac wrote:

there, since 2016, without interruption! I think you are doing something wrong, haven't registered your products in the download area, or haven't registered a account at Hyperion?

If you don't trust me, have a look here:




I'll repeat my stance that Hyperion is not in the clear, since they have been using the Workbench trademark continuously ever since their product launch in In October 2016.

I think it's clear that Ben Hermans tactics is to combat in the legal gray area for as long as possible, to let as much time pass as possible, so he can somewhere down the line claim that Hyperion has been using the Workbench mark for a product in an upcoming legal discussion/opposition about his rights to claim the Workbench trademark in a different jurisdiction. That was most certainly the whole purpose of releasing their "Workbench 3.1" product in the first place, to have it on public display so to be able to claim the Workbench mark at some point.

Hybrid warfare in the same way as when Russia invaded Crimea. Or when Hyperion robbed OS4 from Amiga Inc for that matter.

Filth all the way through.

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eder 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 14-Jun-2017 8:46:06
#210 ]
Regular Member
Joined: 16-Mar-2004
Posts: 280
From: Unknown

@TRIPOS

Wow someone have a grudge against Hyperion.

Hope it dosent affect your daily life.

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BigD 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 14-Jun-2017 11:41:08
#211 ]
Elite Member
Joined: 11-Aug-2005
Posts: 4077
From: UK

@TRIPOS

Quote:
Or when Hyperion robbed OS4 from Amiga Inc for that matter.


Your opinion! Their view (and the judges view more importantly) is that it was breach of contract on multiple fromts;

A) No 3.1 source code directly provided for ease of development as agreed.
B) Full payment not received for additional work in bringing the OS up to a 'usable' (and hence valuable) specification.
C) Amiga Inc. going bust and reincorporating hence they weren't actually the original company. The legal agreement made clear that ownership of AmigaOS would pass to Hyperion if such an eventuality occured.
D) Penti Kouri was a bankrupt joke of an investor who caused nothing but misery for the people that dealt with him in any deal post the dot com boom. And this idiot was the 'money' man behind Amiga Inc!! And YOU have a problem with Ben Hermans!

On the basis of C alone they had the legal high ground in my opinion. Amiga Inc. are one of the most dodgy fake venture capital investment click bait type companies I have ever come accross. That my friend is the definition of 'filth'. At least Hyperion actual produce products! Christmas Card makers do not count

Reality check; the American dream (and corrupt mega business culture) is alive and well in the fact that we have Donald Trump buying his way to Republican nominee and into the White House. The USA has reaped what it has sown from computer tech to the White House it's all scandal and double dealing in the end Even the war in Yemen is an opportunity for the West to sell and test their weapons at the end of the day . The UK has massive weapons deals with Saudi Arabia and predictably the BBC refuse to cover any aspect of the war! Talk about British Bias Corporation

Last edited by BigD on 14-Jun-2017 at 12:52 PM.
Last edited by BigD on 14-Jun-2017 at 12:51 PM.
Last edited by BigD on 14-Jun-2017 at 11:42 AM.

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broadblues 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 14-Jun-2017 12:14:36
#212 ]
Elite Member
Joined: 20-Jul-2004
Posts: 4122
From: Portsmouth England

@TRIPOS

Could you deal with you image sizes please? You are screwing up the forum layout.

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BroadBlues On Blues BroadBlues On Amiga Walker Broad

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Raffaele 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 14-Jun-2017 13:56:26
#213 ]
Super Member
Joined: 7-Dec-2005
Posts: 1783
From: Naples, Italy

@number6

Quote:

number6 wrote:
@OlafS25

What I posted is merely tip of the iceberg. One of my personal favorites was the issue that caused the author of freeamiga to come to AW and express fear for his life.

#6


Can you tell me more about this story?

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BoingBear 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 14-Jun-2017 17:26:34
#214 ]
Regular Member
Joined: 28-Oct-2015
Posts: 131
From: Unknown

@number6

Since you seem to have researched this topic more than anyone else, in your opinion, how do you think all of this is going to end up? Just your guess on which way the pieces are going to fall.

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iggy 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 14-Jun-2017 21:04:13
#215 ]
Super Member
Joined: 20-Oct-2010
Posts: 1175
From: Bear, Delaware USA

@pavlor

Quote:
Such people see OS4 and Hyperion as embodiment of evil


Not those two exactly, specifically Ben Hermans.
And originally, by extension, Bill McEwen and AmigaInc (who gave Ben the contract in the first place).

Personally, normally I couldn't care less about the areas of dysfunction people have, but those two...

And OS4, as a PPC clone of AmigaOS, seems like a relatively harmless proposition in itself.

You seem to forget that the MorphOS turned down offers to buy their OS for use as the base for OS4, so NO, its not a threat or a competition.

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 14-Jun-2017 21:18:29
#216 ]
Elite Member
Joined: 25-Mar-2005
Posts: 9802
From: In the village

@Raffaele

Quote:
Can you tell me more about this story?


All I can do is give you the same response I gave to Amigang:

Source

Read what he had to say and decide for yourself whether you believe he is credible.

Apparently, he had been a fairly avid reader of AW and used this site as, at the very least, a starting point in some of his work.

some more recent info on his twitter

#6

Last edited by number6 on 15-Jun-2017 at 01:58 AM.

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 14-Jun-2017 21:25:53
#217 ]
Elite Member
Joined: 25-Mar-2005
Posts: 9802
From: In the village

@BoingBear

All I can do is say that my opinion, which Olaf happened to agree with still stands, until I learn something that I feel disproves my theory.

Olsen:
Quote:
Quote:
so there is no immediate need to drop the Amiga assets.


Myself:
Quote:
There might be a need if it is a prerequisite to closing the estate and you weigh the amounts of money involved from the other assets with the perceived value of the Amiga assets.


Olsen:
Quote:
That is exactly the conclusion I would draw.

Source


This neither means we are right or wrong...we just happen to agree.

#6

Last edited by number6 on 14-Jun-2017 at 09:36 PM.

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 19-Jun-2017 14:47:53
#218 ]
Elite Member
Joined: 25-Mar-2005
Posts: 9802
From: In the village

@thread

Updating info from post 191 of this thread, which was in itself an update and change of prior status.
Repeating that text for sake of following the changes:

Quote:
Hyperion's euipo Workbench filing status "Application under examination"


Now reads:Quote:
Application published

Hyperion's euipo Workbench filing status


Quote:
Hyperion's euipo AmigaOS filing status "Application under examination"


Now reads:Quote:
Application published

Hyperion's euipo AmigaOS filing status


Quote:
Hyperion's euipo Amiga Forever filing status "Application filed"


Unchanged
Hyperion's euipo filing for Amiga Forever

Please inform me of any bad links, since this is a lot of material to constantly check.

@TripOS

We beg of you please follow AW TOS and stop posting images that break TOS guidelines.
It does screw up forum layout, as Andy and others have said. Thanks.

Quote:
Images in threads: Images embedded in threads should be no wider than 640 pixels, larger images should be hyperlinked


http://amigaworld.net/terms.php

#6

Last edited by number6 on 19-Jun-2017 at 02:53 PM.

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 19-Jun-2017 15:14:36
#219 ]
Elite Member
Joined: 25-Mar-2005
Posts: 9802
From: In the village

@thread

Cloanto euipo Workbench filing

Surveillance letter sent from euipo June 15, 2017.
euipo description of term:
Quote:
If you request it when filing your application we carry out a search in the EU trade mark database for identical and/or similar marks. The results are sent to you before we publish your trade mark application. Owners of previously registered trade marks or trade mark applications quoted in the report are informed — by letter — about your trade mark application. This is called a ‘surveillance letter'. The results of both search reports and surveillance letters are for information only.


All Hyperion Entertainment CVBA Benelux filings (AmigaOS, Workbench, Amiga Forever) appear to be unchanged.
Reports welcome if anyone determines otherwise.

Amiga U.S. trademark filing from Cloanto unchanged. Potential opposers remain as: Hyperion-Entertainment C.V.B.A. and Itec, LLC.

#6

Last edited by number6 on 19-Jun-2017 at 03:29 PM.
Last edited by number6 on 19-Jun-2017 at 03:21 PM.

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 19-Jun-2017 19:09:14
#220 ]
Elite Member
Joined: 25-Mar-2005
Posts: 9802
From: In the village

@thread

Disregard: testing an edit bug that seems to have cropped up here.

Oh, but no new filings for AmigaOne either in the U.S., euipo, or Benelux, making a grand total of zero atm, due to refusal of Hyperion Entertainment CVBA filing in the U.S. referred to earlier in this thread.

#6

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