@thread

In addition to the remarks prior about the AmigaOne trademark, uspto has now sent out a SUSPENSION INQUIRY to Hyperion's trademark attorney regarding the AmigaOS trademark.

Pretty standard.

Source

#6

Last edited by number6 on 19-Apr-2025 at 12:55 PM.

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@number6

Quote:

number6 wrote: @thread In addition to the remarks prior about the AmigaOne trademark, uspto has now sent out a SUSPENSION INQUIRY to Hyperion's trademark attorney regarding the AmigaOS trademark. Pretty standard. #6

But should it be?

Things like this pile on to the mountain of reasons why I am in favour of a complete overhaul of IP law, specifically as it pertains to trademarks, copyright, and patents.

Ben/Hyperion are essentially squatters. We need a tighter use-it-or-loose-it law that allows others to move ahead, as an incentive for these snoozers. And it can't be some token miniscule change. Either it is bringing in net profits (delivering value), or it's anti-competitive behavior.

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@agami

I'm sure noone would consider me having any sympathy for the guy, but that would be a really bad idea just asking to be abused by big corps.

Proceedings would need to be much faster and result in a real verdict instead of these vague "agreements" that will only prep the next wave of BS lawsuits.

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@agami

Yep, its confusing,

Amiga Inc now being a paper company. With no actual product anymore.
Hyperion only use the AmigaOS mark.
and its partners using the AmigaONE marks.

Last edited by NutsAboutAmiga on 15-Sep-2024 at 07:30 AM.

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@NutsAboutAmiga

It is not confusing. It is just a corrupted mess, but this is what the OS4 people wanted and they got it, so celebrate you got what you wanted, you won.

Here you have your OS4, forever controlled by Hyperion and Ben. Like you wanted.
This is what you wanted, this is what you got, this is what you deserve.

@V8

Let’s hope someone can resurrect the Snow Man Maker for the winter holidays.

Last edited by NutsAboutAmiga on 15-Sep-2024 at 09:26 AM.

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@V8

If Amiga users did something productive instead of attacking each other, our platform would be in a much better state.

@thread

I watched an interview with Senior Judge Ricardo S. Martinez yesterday.
Not that this is the blame for all the delays, but King County (his court) was the 1st to shut down in the U.S. You might recall the 1st cases in the pandemic originated in King County. I've mentioned before that this court even placed ads to reboot lost staff. This included appeals for judges and magistrates.
I don't believe it's a stretch to say the entire world legal system is still in the process of catching up with their backlogs.

When you add this factor to what you already see as delays due to policy and how so many delays can be manufactured by attorneys themselves (constant filing of motions etc.), the fact this is all taking so long is readily apparent.

Case in point. Although I have mentioned not seeing activity concerning the appeal by Cloanto etal, there is at least one listing of the activities on that front from Justia. This link should back up what I have stated prior about delays.

case #23-35315

#6

Last edited by number6 on 19-Apr-2025 at 12:54 PM.

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@number6

Well, my country has so slow legal system, one can't regognize a difference pre-covid and post-covid.

NutsAboutAmiga Quote:

Yep, its confusing, Amiga Inc now being a paper company. With no actual product anymore. Hyperion only use the AmigaOS mark. and its partners using the AmigaONE marks.

Amiga Inc. was is a state of stasis except when Hyperion woke them up with threats of more lawsuits. They have become irrelevant as a participant in the Amiga situation since the Amiga IP was sold. Amiga Corporation has become a retro CBM/Amiga IP bank for now but could become more than a "paper company". Hyperion is mostly a "paper company" as well right now. Most of their software development is contracted out and not performed at Hyperion offices. They do have a software distribution business but they are tiny compared to Retro Games Limited distributor Koch Media.

https://press.kochmedia.com/THEA500-Mini-is-Out-Now

Amiga IP Licensing is important for Amiga Corporation, Hyperion and A-Eon. Hyperion and A-Eon use the Boing Ball logo as well as AmigaOS.





Amiga Corporation needs to use "AmigaOS" too and possibly could if they interpreted the 2009 settlement agreement as liberally as Hyperion does. As I recall but wasn't entirely clear, the more recent settlement agreement with Hyperion would have allowed non-exclusive (shared) use of "AmigaOS" and the Boing Ball logo (already non-exclusive license) by Hyperion and Hyperion ownership of PPC AmigaOS 4 but Hyperion backed out because they would have had to give up their claim and profits from the 68k AmigaOS where the developers were not paid resulting in a very high profit margin (I believe 68k AmigaOS 3.x would have been a free release for everyone). This was a very generous and reasonable compromise for Hyperion but the problem is they had become financially dependent on the 68k AmigaOS to survive. Hyperion can't survive with AmigaOS 4, AmigaOne and the Boing Ball because the market is too small. A-Eon is dependent on AmigaOS 4 and Amiga IP sub-licensing but Ben has burned that lifeline before. It's probably too late for Hyperion to make a big deal with A-Eon after Ben was caught creating a new Hyperion shell business to transfer assets to before declaring bankruptcy of the debt ridden old Hyperion. It looks like Ben was all in with his last bet and can only delay the inevitability of his exit from the Amiga picture. I believe Amiga Corporation walks away with all the chips. A-Eon may be able to license everything from Amiga Corporation if Trevor wants to keep subsidizing Amiga1 hardware for his fantasy. Even retro/hobby 68k Amiga hardware like the RPi would soon make Amiga1 hardware look pathetic though. AmigaOS 4 should be useful to continue to enhance the 68k AmigaOS and maybe even create a better next generation AmigaOS with 64-bit support, SMP, better process isolation, better security, etc.

Last edited by matthey on 15-Sep-2024 at 08:53 PM.

@thread

According to courtlistener:

Quote:

170 Mar 18, 2025 Main Doc­ument Order of USCA

#6

Added note from Pacer:
Quote:

ORDER OF USCA 23-35315 as to158 Notice of Appeal

Last edited by number6 on 19-Apr-2025 at 12:54 PM.
Last edited by number6 on 27-Mar-2025 at 03:24 PM.

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@number6

Trying to decipher what that means. I found this:

https://www.courtlistener.com/docket/6363972/parties/hyperion-entertainment-cvba-v-itec-llc/

And I think USCA is the US Court of Appeals.

And scrolling up the judgement was pending appeal by the Plaintiff (which is Cloanto et. al).

So the way I read it is that Amiga Parties have appealed the judgement where they were not named as the right entity to bring the case?

@dalek

or

Quote:

United States Code Annotated

appeals court link is here btw

@6

Last edited by number6 on 19-Apr-2025 at 12:53 PM.

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@thread

Until document mentioned above is obtained/posted, this remains supposition.

But it is believed this is about a hearing at the appeals court scheduled for March, that like everything else, has also been postponed.

*shrug*?

#6

Last edited by number6 on 19-Apr-2025 at 12:53 PM.

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@thread

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

Doc 170

Google says:

Quote:

Submitted on the briefs means that there will be no hearing / oral argument. The Court will issue it's ruling based only on the written briefs submitted by the parties. That usually means the decision will be issued faster, and that the court does not think it is a tough or close case.

#6

Last edited by number6 on 19-Apr-2025 at 12:52 PM.
Last edited by number6 on 01-Apr-2025 at 04:33 AM.

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@number6

thanks and thanks to whomever retrieved the doc from pacer (I'm waiting on them to physically mail me an access code because they don't accept a non-U.S. credit card :/ )

Anyway, I put the case id 23-35315 in here https://www.ca9.uscourts.gov/calendar/

And it shows that the hearing date is 2025-06-09 !

Oh well.. I'll head back to hibernation now

Last edited by dalek on 01-Apr-2025 at 05:17 AM.

Wouldn’t it be nice for Amiga 40th, to have the trademark battle over.

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@dalek

You might also have a look here, where all the former filings are available. Maybe someone will make these available as well.

Unicourt

#6

Last edited by number6 on 19-Apr-2025 at 12:52 PM.

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