@number6

Quote:

number6 wrote: @number6 Additional info re: post #69 Since I did not mention the reason/s for refusal of the Hyperion trademark applications, the following should illustrate those points exceptionally clearly: AmigaOS BoingBall AmigaOne #6

LoL How I wish Apple had encountered this overzealant USTPO officer when they applied their Trademark request in the eighties. They had saw their request rejected as the name "Apple" was "confusingly similar" to other existing marks.

Interesting that the officer lady quotes internet as source for the US costumers to inform themselves so the Amiga mark is causing confusion with other products, while if you just try google Amiga, the first answer by the engine is right the computer with that name.

But the most important thing is that any good lawyer could made this USTPO refusal letter declared invalid by any Federal Court just by pointing the fact that letter claims Amiga as not english word and requiring translation:

Quote:

TRANSLATION REQUIREMENT Applicant must submit an English translation of all foreign wording in the mark. 37 C.F.R. §§2.32(a)(9), 2.61(b); see TMEP §809. In the present case, the wording “AMIGA” requires translation. The following translation statement is suggested: The English translation of the word “AMIGA” in the mark is “FRIEND”

As long as correct translation of Amiga is "a Friend of female sex" as the ending in "A" in spanish is the mark for the feminine gender, the fact the officer has based her refusal on wrong translation is literally the siege ram argument that any good layer with minimal skills in USA can use to convince any US judge declaring invalid this refusal at the speed of light...

Bad translations are one of the main reason of making documents invalid in any country.

Silly USTPO officers...

Is there somewhere who can make a whistle to Hyperion in order to inform them?

Oh well, no necessary as Ben Hermans is a lawyer himself...

[EDIT]

Also interesting that the USTPO officer is not politically correct as she points a relevant number of activities that have the name Amiga in their name but she does not cite the fact that the name Amiga could cause confusion for the existing lesbian communities.

For example with a simple google search I found this:

East-Los-Angeles-Latina-Bisexual-Lesbian-Amigas-Meetup Montebello (CA).

As long as Amiga name regarding computers is not a cause of confusion for LGBT communities, and as long as USTPO omitted this meaning in her refusal letter, any lawyer can argue, demonstrate, and win that Amiga term does not cause misinterpretation with any other activity whenever commercial, cultural or recreational.

At this point I think that Ultralol emoticon is strongly required to be implemented on our site, as simply LoL icon covers no laughing silly situations like this one... :rotfl:

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_________________
"When the Amiga came out, everyone [at Apple] was scared as hell." (J.L. Gassée, former CEO of Apple France and chief of devs of Mac II-fx, interviewed by Amazing Computing, Nov 1996).

@number6

Thanks for all the info, much appreciated.

Keep us posted!