A-Eon/AmigaKit needs marketing names for new Amiga like computers since they may lose the sub-licensed right to use "AmigaOne". It will be interesting marketing them without "AmigaOS"
aria Quote:
How would they lose such rights?
Neither Hyperion nor Amiga Corp. have signalled anything like that AFAIK.
The Amiga parties are seeking to have the 2009 settlement agreement between Hyperion and Amiga Inc. ruled as breached by Hyperion which would allow for termination. I believe there would be no more license for Hyperion to use any Amiga marks and no more sub-licensing from Hyperion to A-Eon to use them. There would be no more license for Hyperion to develop or distribute AmigaOS in any form also.
Hyperion Director commented in post #1133 of this thread, "I will not comment on the ongoing lawsuit in Seattle" which is to be expected with an ongoing lawsuit. A-Eon/AmigaKit has not said much either but they are between a rock and a hard place. Surely they have some idea of the stakes but it doesn't seem to slow down their operations.
aria Quote:
Sticking to the facts rather than endless speculations, one could note how AEONKit have been engaging in trademark and domain grabbing behaviors for years.
Hyperion is the one restricted by the 2009 settlement agreement from challenging ownership of Amiga marks.
2009 Settlement Agreement Quote:
Hyperion agrees and covenants that it will not institute any action, claim or proceeding anywhere in the world . . . (B) challenging . . . (ii) ownership of the Licensed Marks by any Amiga Party or any successor . . . (a “Hyperion Prohibited Action”), unless the challenged activity constitutes a material breach of this Agreement, including but not limited to any material infringement by the Amiga Parties, by a successor to any Amiga Party, by a Purchaser or by a licensee of the licenses granted to Hyperion pursuant to this Agreement.
It looks like there is no restriction on challenging ownership of Amiga marks by sub-licensees of the relevant Amiga marks from Hyperion so A-Eon/AmigaKit may be ok to challenge ownership of Amiga marks (the "licensee" part above is likely talking about licensees from Amiga Inc. and *not* Hyperion but notice the tighter restrictions for the owner of the marks which displays the bias in this contract). Amiga Corporation could also challenge marks of A-Eon/AmigaKit especially the use of "AmigaKit" and "AmigaStore" marks as they contain the name "Amiga". Once again A-Eon/AmigaKit has more to lose in my opinion. I wonder if their attitude is also, "wait for the Court to rule" which seems rather dangerous to me.
Last edited by matthey on 23-Apr-2021 at 05:39 AM. Last edited by matthey on 23-Apr-2021 at 05:24 AM.
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