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/  Forum Index
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      /  Amiga Inc. Loses U.S. Trademarks
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PosterThread
number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 18-May-2017 17:21:34
#101 ]
Elite Member
Joined: 25-Mar-2005
Posts: 9566
From: In the village

@thread

Potential opposer (remember this is just a request for extension):

Quote:
Potential Opposer
Name: Hyperion Entertainment C.V.B.A.


Source

This link worked when I posted it, but it's possible a session may expire. If you can't reach this information, let the thread know and we'll include a step-by-step instead.

#6

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 19-May-2017 15:40:08
#102 ]
Elite Member
Joined: 25-Mar-2005
Posts: 9566
From: In the village

@thread

Just filed:

Amiga Forever

Monard Law is the lawfirm of Ben Hermans.

Source

You have to click the "representative" tab to get the full info.

#6


Last edited by number6 on 19-May-2017 at 03:54 PM.
Last edited by number6 on 19-May-2017 at 03:49 PM.

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jorit2 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 19-May-2017 15:55:22
#103 ]
Regular Member
Joined: 22-Apr-2011
Posts: 115
From: Unknown

@number6

Oh my ... another fine example of Ben's conflict resolution strategies ...

Last edited by jorit2 on 19-May-2017 at 04:13 PM.

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 19-May-2017 16:17:14
#104 ]
Elite Member
Joined: 25-Mar-2005
Posts: 9566
From: In the village

@jorit2

Perhaps some reasoning here:

Quote:
Hermans had recently registered with amiga-news.de to point out that commercial use "outside the Anglo-American legal circle" is not the same as holding a trademark.


Source from comment section

#6

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OlafS25 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 19-May-2017 16:17:26
#105 ]
Elite Member
Joined: 12-May-2010
Posts: 5006
From: Unknown

@number6

in middle age that would be called throwing the gauntlet

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OlafS25 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 19-May-2017 16:18:32
#106 ]
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Joined: 12-May-2010
Posts: 5006
From: Unknown

@number6

he is busy to make himself even more popular in the community

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jorit2 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 19-May-2017 16:21:26
#107 ]
Regular Member
Joined: 22-Apr-2011
Posts: 115
From: Unknown

@number6

Quote:

number6 wrote:
@jorit2

Perhaps some reasoning here:

Quote:
Hermans had recently registered with amiga-news.de to point out that commercial use "outside the Anglo-American legal circle" is not the same as holding a trademark.


Source from comment section

#6



I stand by my comment

Evert

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RobertJDohnert 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 19-May-2017 17:12:21
#108 ]
Regular Member
Joined: 18-Jun-2013
Posts: 158
From: Raleigh NC

@number6

I should apply for the trademarks for Amiga Eternal and Amiga Universal

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RobertJDohnert 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 19-May-2017 17:19:08
#109 ]
Regular Member
Joined: 18-Jun-2013
Posts: 158
From: Raleigh NC

All this infighting is doing us no good. Instead of placing resources into soul sucking legal fights concentrate them on the betterment of Amiga OS and the community. Keep your eyes on the prize and deliver what you promised to deliver a kickass OS that beats everything else out there and Amiga users can call their own, hardware that Amiga users can be proud of and call their own, lets get 4.2 finished by Christmas so Amiga users have something to put under the tree that they bought from a store.

ONWARD to 4.2

Last edited by RobertJDohnert on 19-May-2017 at 05:20 PM.

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 19-May-2017 17:40:23
#110 ]
Elite Member
Joined: 25-Mar-2005
Posts: 9566
From: In the village

@thread

Also just filed:

AmigaOS

Again under Ben Hermans of Monard Law, as opposed to the prior U.S. refused trademark submitted by Hyperion Entertainment CVBA.

earlier U.S. application for reference

#6


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dooz 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 19-May-2017 18:54:52
#111 ]
Member
Joined: 17-Jul-2013
Posts: 19
From: Unknown


It seems that Hyperion is also trying to register "Workbench" trademark in EU:

https://euipo.europa.eu/eSearch/#details/trademarks/016732208

I guess next is "AmigaOne".

- Dooz

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 19-May-2017 19:17:01
#112 ]
Elite Member
Joined: 25-Mar-2005
Posts: 9566
From: In the village

@dooz

ty

Repeating your link from earlier in this thread of Cloanto applying for the Workbench trademark for comparison:

Source

Quote:
I guess next is "AmigaOne".


Agree.

#6



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ne_one 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 19-May-2017 21:55:27
#113 ]
Cult Member
Joined: 13-Jun-2005
Posts: 688
From: Unknown

@RobertJDohnert

Quote:

Instead of placing resources into soul sucking legal fights concentrate them on the betterment of Amiga OS and the community. Keep your eyes on the prize and deliver what you promised...


I have a feeling that Ben doesn't actively contribute to OS development... programmatically or otherwise.

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TRIPOS 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 19-May-2017 22:03:34
#114 ]
Cult Member
Joined: 4-Apr-2014
Posts: 694
From: Unknown

@OlafS25

Quote:

OlafS25 wrote:
@number6

in middle age that would be called throwing the gauntlet


That happened a quite some time ago already!

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 19-May-2017 22:35:24
#115 ]
Elite Member
Joined: 25-Mar-2005
Posts: 9566
From: In the village

@thread

Story updated twice to attempt to keep up with the reports on the latest filings:

english

german

#6

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 19-May-2017 22:57:39
#116 ]
Elite Member
Joined: 25-Mar-2005
Posts: 9566
From: In the village

@thread

Bah. Bad link posted prior. Sorry.

Cloanto WORKBENCH trademark

BHER Workbench trademark application

uhm....WORKBENCH vs Workbench (evil grin)

#6


Last edited by number6 on 19-May-2017 at 11:12 PM.

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TRIPOS 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 19-May-2017 23:14:02
#117 ]
Cult Member
Joined: 4-Apr-2014
Posts: 694
From: Unknown

Quote:
Status: A request for an extension of time to file an opposition has been filed with the Trademark Trial and Appeal Board.

Opposer Name: Hyperion Entertainment C.V.B.A.

Just filed: Hyperion trying to register [The Cloanto Trademark] Amiga Forever. (Monard Law is the lawfirm of Ben Hermans.)

It seems that Hyperion is also trying to register [The Cloanto Trademark] "Workbench" trademark in EU:
https://euipo.europa.eu/eSearch/#details/trademarks/016732208


Quote:

number6 wrote:

As expected


Indeed...


Quote:

jorit2 [former Hyperion partner] wrote:

Oh my ... another fine example of Ben's conflict resolution strategies ...


Indeed...


Quote:

OlafS25 wrote:

he is busy to make himself even more popular in the community


Indeed...

In the quite interesting Interview: Timothy De Groote - Director Hyperion Entertainment CVBA thread, we saw Olaf "Olsen" Barthel acknowledge his view that the path in which the Amiga has been traveling along since the last crossroad, has been a bad one, and that it must change ("the Amiga as a hobby, and as something to care for, went wrong, and this cannot and should not stand"), and his view is that open sourcing the OS to be maintained and developed by the Amiga Community is the only possible way to a sustainable future.

That he speaks up at this particular time is telling: There is a possible change afoot, Cloanto is now the copyright owner of the OS, and is about to acquire the Amiga trademark as well!

Olaf Barthel conclude (quite correctly) that an Open Source future for the OS require a stable community. Hyperion can't achieve that, a fact that has probably been obvious to him (and most of us) for a very long time. The above quoted legal crap is just the latest in a very long line of legal crap. Hyperion has been working overtime to tear down the Amiga Community for more than 1.5 decade now. But again, there may be a change afoot...?

BTW, I wonder if Ben is doing this as a director of Hyperion, or if the other directors are directing him to do this?

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TRIPOS 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 19-May-2017 23:18:15
#118 ]
Cult Member
Joined: 4-Apr-2014
Posts: 694
From: Unknown

@number6

Quote:

number6 wrote:
@thread

Story updated twice to attempt to keep up with the reports on the latest filings:

english

german

#6


"Hyperion attacking Cloanto's Amiga trademarks on a broad front"

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pavlor 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 20-May-2017 8:34:24
#119 ]
Elite Member
Joined: 10-Jul-2005
Posts: 8160
From: Unknown

@TRIPOS

War of the Amiga Succession.

Gloves off, all tricks allowed. This will be really dirty...

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 20-May-2017 14:47:03
#120 ]
Elite Member
Joined: 25-Mar-2005
Posts: 9566
From: In the village

@pavlor

Hopefully on topic for your "will be really dirty", although my conjecture below would indicate "is" and not "will be":

Not that the pure visuals (all the filings we are following) outweigh what happens in the case of negotiations, I find one "visual" element troubling. Speaking strictly from a layman's perspective...

In the case of Cloanto's trademark of "Amiga", Hyperion-Entertainment CVBA filed for an extension to opposition. This could mean an actual opposition and corresponding paperwork may follow within the established time frame, or nothing at all will follow this extension request. Nevertheless, it is clear that someone is stating an opposition to ownership of this trademark, when given the chance through an opposition period.

If I apply the same thinking to Cloanto's euipo WORKBENCH trademark, I run into a logic problem. THAT trademark is also in opposition period and therefore paperwork indicating an intent to challenge that trademark could have been filed as well.
It was not.
Instead Ben Hermans/Monard d'Hulst applies to register a new trademark with the spelling of Workbench, instead of WORKBENCH.

By not filing an opposition to Cloanto's WORKBENCH, to my layman's view it's an admittance that WORKBENCH does belong to Cloanto.
By filing for the near identical Workbench trademark, to my layman's view it's like saying, "but we want and will attempt to take it anyway."

I'd appreciate a legal explanation of why my layman's theory is completely incorrect.

#6

Last edited by number6 on 20-May-2017 at 03:06 PM.

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