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@matthey

Quote:

The one thing that is new in the recent court docs

I'd say there's quite a few more new things in these docs:

• Hyperion does not have legal representation in the US, and is not interested in either hiding that fact or finding a new lawyer. That's pretty strong evidence that Hyperion is done with any further litigation in the US.


• In the "Agreement to Facilitate Settlement" Hyperion concedes that the "Amiga" trademark belongs to Amiga Corp.


• In the "Agreement to Facilitate Settlement" Hyperion concedes that (a) Amiga Corp. is now the owner of all rights (b) Hyperion's new licensor according to the 2009 settlement agreement (c) entitled to sue Hyperion for "past infringements" - that's 99% of Hyperion's defense thrown out the window.
  

cgutjahr Quote:

I'd say there's quite a few more new things in these docs: Hyperion does not have legal representation in the US, and is not interested in either hiding that fact or finding a new lawyer. That's pretty strong evidence that Hyperion is done with any further litigation in the US.

Hyperion not paying their legal council is new news? It would be new news if Hyperion payed and retained legal council!

cgutjahr Quote:

In the "Agreement to Facilitate Settlement" Hyperion concedes that the "Amiga" trademark belongs to Amiga Corp.

Ben's big lies were never going to fly. Maybe Trevor asked his lawyers about Ben's absurd big lies like I recommended and decided it was too risky to keep giving Hyperion an allowance that Amiga Corp was likely to win in court. This change of financial support may be news worthy but Trevor keeping Hyperion alive was one of his many secret deals that lacks evidence, much like Hyperion's miraculous bankruptcy reversal.

Maybe you refer to Hyperion blocking the transfer of Amiga IP to Amiga Corp and thus Amiga Corp not being a successor and the Amiga parties violating the 2009 Settlement Agreement? The news that Amiga Corp is now "Hyperion's licensor under the existing 2009 Settlement Agreement" implies that Hyperion stopped trying to block the transfer and Amiga Corp is the successor with not only a right but obligation to maintain Amiga IP which is licensed to Hyperion in the 2009 Settlement Agreement, based on what I recall. The court docs add clarification which could be released as news but I do not consider it new.

cgutjahr Quote:

In the "Agreement to Facilitate Settlement" Hyperion concedes that (a) Amiga Corp. is now the owner of all rights (b) Hyperion's new licensor according to the 2009 settlement agreement (c) entitled to sue Hyperion for "past infringements" - that's 99% of Hyperion's defense thrown out the window.

I see the previous news that Amiga Corp was "Hyperion's licensor under the existing 2009 Settlement Agreement" implies (a) and explicitly claims (b). The (c) is tricky because the 2009 Settlement Agreement, which is retained, very much limits lawsuits as written yet does not stop all lawsuits including from Amiga Corp. It is an attempt to give more legal power to Amiga Corp but I suspect that it does not change much, not that I am a lawyer. Maybe it could be new news with legal advice that it is more impactful than I believe.

cgutjahr Quote:

Given that there are well documented breaches of contract and/or copyright violations - some of which Amiga Corp./Cloanto presented in court - agreeing in writing that you're liable for past infringements sounds to me like admitting defeat on all fronts.

Amiga Corp holds most of the cards ever since Mike bought Amiga Inc. The delaying tactics by Hyperion were meant to break the will of Mike so he would give up but he did not and they ran out of time and money as he could cut off their 68k AmigaOS revenue and potentially take past Amiga IP profits. They probably would have received a better deal if they had cooperated earlier before running up legal bills and while they were in better financial shape. The Amiga IP is also less valuable now after all the years of legal fighting.

The Amiga conflict has been somewhat like the current Iran war conflict where Iran's IRGC is not being reasonable. Their main source of revenue, oil, is being cut off and the regime of terror will die with the will power to continue the blockade of Iran. Being unreasonable is costing Iran as there is not enough oil storage to continue pumping oil and oil wells which stop pumping lose pressure, can receive permanent damage, take months or even years to recover if at all and has significant costs Iran may not have anytime soon to start up again. The IRGC remains hostile, arrogant and belligerent much like Hyperion used to be.

cgutjahr Quote:

Hyperion has not agreed (yet) to give up its attempts to register "AMIGAONE" and "AMIGAOS" in the US and as #6 mentioned the EU marks held by Hyperion ("Workbench", "AmigaOS") are not mentioned at all in the paperwork we have. Maybe they're trying to use that as leverage - but since Battilana can now move to invalidate Hyperion's license for any of its past transgressions, that still sounds like a very weak position to be in.

I expect pending attempts to register "AmigaOS" and "AmigaOne" in the US are no leverage at all. The recognition of Amiga ownership by Amiga Corp should solidify the US "Amiga" trademark which covers similar Amiga containing names like "AmigaOS" and "AmigaOne" without separate trademarks. Hyperion's US trademark attempts should be refused as similar and confusing.

I asked Google AI, 'What reason would the "AmigaOS" trademark be refused if "Amiga" is already trademarked in the same category?'

AI Overview Quote:

The "AmigaOS" trademark would likely be refused by the USPTO (or similar bodies) if "Amiga" is already trademarked in the same category primarily due to a likelihood of confusion, a Section 2(d) refusal. Because "Amiga" is the dominant component of "AmigaOS" and both are used for related technology, consumers are likely to mistakenly believe the goods come from the same source. Here are the specific legal reasons for refusal in this scenario: o Likelihood of Confusion (Section 2(d)): This is the most common reason for rejection. If an existing owner holds a valid registration for "Amiga" covering software, operating systems, or computer hardware, a new, similar mark like "AmigaOS" is considered confusingly similar, as it sounds and looks similar and creates the same commercial impression. o Dominant Term Incorporation: "AmigaOS" adds the descriptive term "OS" (Operating System) to the existing, distinctive mark "Amiga." Adding a generic or descriptive word to a senior mark does not typically distinguish it enough to avoid a likelihood of confusion. o Related Goods/Services: If both marks are in the same category (e.g., International Class 009 for computer hardware/software), the similarity in products increases the likelihood that consumers will assume they share a common source. o Sound and Appearance Similarity: The marks share identical auditory and visual elements ("Amiga"), which can lead to confusion in the marketplace even if one includes additional characters. o Similar Commercial Impression: "AmigaOS" directly relates to the existing "Amiga" brand, leading examiners to believe they are part of the same product family. Key Contextual Factors: o Historically, the USPTO has specifically cited a "likelihood of confusion" to reject new trademarks containing the word "Amiga" (such as "AmigaOne" and "AmigaOS") when they conflict with active "Amiga" registrations held by companies like Cloanto. o The legal battles between entities like Hyperion and Cloanto have highlighted that even with licensing, new filings in this space are frequently blocked by existing registrations. In short, "AmigaOS" is considered a "junior" mark that is too closely related to the "senior" Amiga trademark.

Sorry about the length but I found it interesting. Some trademarks outside of the US could be used as leverage as laws are different. AmigaKit has used the lack of US like trademarks in the UK to wage a trademark war. Hyperion can not afford this as Amiga Corp could continue lawsuits that would likely bankrupt them. I expect EU registered "AmigaOS" and "Workbench" can only be used as minimal leverage considering Amiga Corp is the legitimate owner of AmigaOS and Workbench and could continue the lawsuits against Hyperion. It should be news worthy if and when they are transferred to Amiga Corp though.

Last edited by matthey on 05-May-2026 at 09:12 PM.
Last edited by matthey on 05-May-2026 at 09:00 PM.
Last edited by matthey on 05-May-2026 at 08:52 PM.
Last edited by matthey on 05-May-2026 at 08:50 PM.

@matthey

Quote:

Hyperion not paying their legal council is new news?

Hyperion not claiming they will have new council soon is news. In (one of) their last filing(s), they still claimed they assumed Ben Hermans could represent them since he's a lawyer. Now Battilana's lawyer is representing *both* parties when telling the court about ongoing settlement negotiations. That's definitely new.

Quote:

Ben's big lies were never going to fly.

Of course not, but that's not the point. This is the first time the company Hyperion publicly states that "everything we said so far in court is horseshit". That's news.

Quote:

Being unreasonable is costing Iran

Not sure Iran is a good example. Right now, the Trump war is costing the rest of the world a lot - and in contrast to Iran, the rest of the world has to answer to their citizens if something isn't working out as expected. Reminds one of the old Hyperion strategy...

As for the attempts to register US marks: Hyperion hasn't given up on them, so apparently DeGroote thinks of them as leverage. I agree that they won't be very useful in that regard, but I'm not DeGroote - maybe he thinks he can pull of a Ben Hermans and convince Battilana that this is going to be another costly legal battle. Doesn't matter, it's still news that he's drawing the line *there*.

cgutjahr Quote:

Hyperion not claiming they will have new council soon is news. In (one of) their last filing(s), they still claimed they assumed Ben Hermans could represent them since he's a lawyer. Now Battilana's lawyer is representing *both* parties when telling the court about ongoing settlement negotiations. That's definitely new.

That is highly unusual and indeed new and funny. They did not trust Mike enough before to negotiate in good faith but now trust him enough to let his lawyer represent them.

cgutjahr Quote:

Of course not, but that's not the point. This is the first time the company Hyperion publicly states that "everything we said so far in court is horseshit". That's news.

Only Ben could have argued his big lies in court and I would have liked to have been there to here it. When his BV lost his Hyperion stock, my first thought was that he let it go to save himself embarrassment in court.

cgutjahr Quote:

Not sure Iran is a good example. Right now, the Trump war is costing the rest of the world a lot - and in contrast to Iran, the rest of the world has to answer to their citizens if something isn't working out as expected. Reminds one of the old Hyperion strategy...

I would have preferred if Trump had supported Ukraine and the EU more to end that war first and collaborated with allies before going in but I see war against Iran as predictable and inevitable albeit premature. The Ukraine and Iran wars are interconnected with common enemies and counting the number of nations involved is scary.

World War 3 Has Already Begun
https://www.youtube.com/watch?v=rUOxrj_A3AA

We need to recognize, work and stand together against the axis of evil.

Energy is important for both nations and individuals. Most European nations have disastrous energy policies with the exception of Norway. Becoming dependent on and continuing to buy oil/gas from Russia even while financing the war against them, not getting as much and as consistent of energy from green energy investments and taxing oil/gas out of production are some of the mistakes. For example, BP is looking to divest all their "local" North Sea assets because of a combined 78% tax rate on oil/gas profits with calls for further windfall taxes. Individually, it is/was possible to invest in oil/gas, fertilizer, petrochemicals, etc. Shortages from the Iran and Ukraine War like ammonia, sulfur, phosphate, hydrogen, helium, ethylene, propylene etc. are related to oil/gas production and are very important for the world economy. I know of some investors were underweight energy stocks or sold them off to invested in AI stocks, even though the AI build out needs lots of energy and chip production for AI needs helium. Most investors in my investment group are neutral to up a lot with their investments since the invasion of Iran. It is not like energy, fertilizer and petrochemical stocks were expensive before the Iran war even as Russian oil/gas infrastructure was being destroyed. This was foreseeable but the risk was not being priced in so investors should have protected themselves.

cgutjahr Quote:

As for the attempts to register US marks: Hyperion hasn't given up on them, so apparently DeGroote thinks of them as leverage. I agree that they won't be very useful in that regard, but I'm not DeGroote - maybe he thinks he can pull of a Ben Hermans and convince Battilana that this is going to be another costly legal battle. Doesn't matter, it's still news that he's drawing the line *there*.

Mike should get what he wants from Hyperion whether it is over their dead business or not. I suggest everyone at Hyperion unlearns everything they learned from Ben and start thinking about what is in the mutual best interest of Amiga Corp, Hyperion and the Amiga.

I find it oh so honestly hilarious how one brief, fleeting sentence sends our (car)jack-of-all-trades into a rambling lecture on GEOPOLITICS, PHOSPHATE, AMMONIA. Am I really alone in this?

cgutjahr:

Not sure Iran is a good example. Right now, the Trump war is costing the rest of the world a lot - and in contrast to Iran, the rest of the world has to answer to their citizens if something isn't working out as expected

matthey the polymath:

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This is the stuff I keep haunting the ghastly halls of Amigaworld for.
THANK YOU DR. HEY, KEEP IT COMING!!!!!!!!!!!!!!!!!!!!!!















/M

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I think the fact that A600GS, A1200NG, and A6000 all got released and sold to Amiga users without agreements with Cloanto/Amiga inc. kinda proves there options without these guys.

I think the ip battles over the years have only really hurt the Amiga scene.

So I really hope rather than paying lawyers, they pay a few developers for some new cool Amiga development, that all us Amiga fans want to see.

I still think there missing some big opportunities, I mean why is there not an official Amiga emulator for Android on the google play store. Amiga Forever on Stream would really be cool and allow Steam Workshop stuff, if you dont know what this is, google it. That be good for Valve handheld and up coming steam console, and they do allow emulators on there. It would also be simple exposer and making it easier to promote the platform.

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@amigang

Quote:

amigang wrote: I think the fact that A600GS, A1200NG, and A6000 all got released and sold to Amiga users without agreements with Cloanto/Amiga inc. kinda proves there options without these guys.

None of it is officially called Amiga and none of it is sold with AmigaOS.
It just indicates that those systems can be sold without "The Name" or "The OS"


The THEA500 Mini also don't clearly say "Amiga" they even avoid to mention the OS that is installed on Amiberry, this might change with the "THEA500 Maxi"

@OneTimer1

Quote:

None of it is officially called Amiga and none of it is sold with AmigaOS. It just indicates that those systems can be sold without "The Name" or "The OS"

Not to mention RGL still has an outstanding trademark objection on file against Amigakit for their attempt to register trademark for "THE A1200 NG" in the U.K.

Regardless, we need to settle the affairs of the major players before we delve into all the other Amiga related companies that have issue with one another.

In that vein regarding the "AmigaOS" and "AmigaOne" trademark filings at USPTO and the "Workbench" and "AmigaOS" trademark filings at EUIPO {based on Benelux precedence)...
If you reread older post you'll learn that these marks are all basically suspended pending outcome of the main/current lawsuit (now in negotiation) in Washington State District Court.

Based on the result of negotiation, the court will (is required to) report the result to USPTO, so they can update the status of the U.S. trademarks.

EUIPO, imo will require a new representative being assigned, as currently Monard D'Hulst (rebranded Monard Law) is considered "old business". When Ben left for Artes Law, he used Nele as replacement representative for his former Monard Law representative (advocaten Artes Law) to surrender his filing for "Amiga Forever". In the current state where Ben no longer is associated with either Monard Law or Artes Law, I feel a new representative will need to be appointed.

The only possible avoidance imo is that once the U.S. trademarks are decided, that the EUIPO marks on the same basis might follow suit. If I can ascertain the facts on that one, I'll forward the info.

#6

Added: Link to opposition referred to above- click opposition

Last edited by number6 on 06-May-2026 at 09:33 PM.

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