So what Cloanto is objecting to here is Hyperion selling T-Shirts and cups with Amiga name, and they did not like they Hyperion is working on making new version of old AmigaOS3.1, they see this as treat to Cloanto’s monopoly, on emulation market. Cloanto has years aggressively trying to obtain Commodore, Amiga, Atari and other trademarks, to monopolize the emulation market. With there products C64 Forever, and Amiga Forever.
Last edited by NutsAboutAmiga on 07-Apr-2021 at 05:01 PM.
Not at all, Amiga Inc had copyrights, Hyperion had exclusive right to use some trademarks defined in settlement contract.
It all started when Amiga Inc did fully pay for Amiga2D for AmigaDE, and work of porting AmigaOS to PowerPC, as result Hyperion refused, give the changes back to Amiga Inc, Amiga Inc went bankrupt few times, and Hyperion suggested Amiga Delaware, KMOS and so on was not same company as they had a buyback contract with, it dragged out in court, and resulted in the settlement agreement. Of course, AmigaDE was total failure and Amiga Inc disappeared.
AmigaONE and AmigaOS Trademarks is what Hyperion is granted to use in where specific way. “Amiga” the computer they did not have any rights to, and was possible to license.
Anyway, the last time anyone tried to stamp Amiga on a Linux box and sell it as new Amiga the Amiga community got angry. It was not Hyperion who objected to Commodore USA.
Any other mark was possible to license from Amiga Inc when they were alive before Cloanto obtained the trademarks when Amiga Inc stopped using this trademark.
As the silly settlement contract says Hyperion is prohibited to register the trademark, to hinder new owners and old owners. And can’t take actions agents the owner. Basically, prohibiting Hyperion from becoming the owner of the trademarks.
It should be pointed out it was not Ben/Hyperion who sued Cloanto, it was Cloanto who sued Hyperion, Hyperion created countersuit, this basically manes Hyperion create a defiance against Cloanto’s claims. Hyperion countersuit is result of Cloanto’s aggressive attack on Hyperion.
what Cloanto is trying to do here is void, Hyperion’s settlement agreement, this what the legal actions are about. Hyperion’s settlement agreement defines what they are allowed to use trademarks for, they are not owners of the trademarks, and can’t prohibit anyone from licensing other trademarks from the trademark owner.
The final conclusion has not been drawn, but I daut Hyperion will be able obtain any additional rights, but if the settlement contract stands, it does prohibit Cloanto from licensing out the protected trademarks by the contract. Cloanto has to be able to prove that Hyperion can be held accountable, something they can only do if they are a part to the contract, that they did not sign because it predates Cloanto’s ownership.
You should be more worried about Cloanto, they are owners of trademarks Workbench and Kickstart, names I’m sure are in used, in AROS and MorphOS, if not just for backwards compatibility.
Last edited by NutsAboutAmiga on 07-Apr-2021 at 04:52 PM. Last edited by NutsAboutAmiga on 07-Apr-2021 at 04:48 PM. Last edited by NutsAboutAmiga on 07-Apr-2021 at 04:45 PM.
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