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Elite Member |
Joined: 14-Mar-2007 Posts: 2008
From: Kansas | | |
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| NutsAboutAmiga Quote:
Wonder if Mike Battilana is going to take action, no point owning the trademark Amiga if no one uses it, and ignore him. |
#6 Quote:
I'm not sure what you mean here.
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Maybe NutsAboutAmiga is pondering what will be done with the unified Amiga brand for which the Amiga trademark holds so much importance? It is a lot of effort to reassemble the brand if the only plan is to license the IP. There will be expectations to revive the brand.
#6 Quote:
The "Amiga" trademark in the U.S. (uspto) has yet to be assigned. The last reminder to complete this assignment was sent to the uspto in March. It is no doubt held up by the other proceedings here.
March 5 Section 7 request
You have to understand that the uspto has mentioned extremely clearly that IF that "Amiga" filing is completed then the "confusion" clause with AmigaOS and AmigaOne comes into play. They did not mince words here. They indicated those 2 trademarks would likely be cancelled.
Can you see why Hyperion does not want the "Amiga" registration to be completed?
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Hyperion and A-Eon should be safe using their AmigaOS and AmigaOne licenses as long as the 2009 Settlement Agreement stands and the Amiga parties own the "Amiga" trademark. In trying to register the "Amiga" trademark, Hyperion may have breached the 2009 Settlement Agreement Non-Aggression paragraph by "(B) challenging ... (ii) ownership of the Licensed Marks by any Amiga Party or any successor". Can you see why it is so important to keep squatters like Hyperion from registering the "Amiga" trademark which implies ownership?
#6 Quote:
Don't forget that the "Amiga Forever" (euipo) trademark was surrendered not by Ben Hermans or his former firm Monard Law, but by Nele Somers of Artes Law.
Source
You know...startups sometimes like be able to draw attention to a "complicated case", if not actively join in.
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The trademark squatter just happens to be a lawyer from the new law firm Ben Hermans works for in Belgium? Doesn't your link show Nele Somers listed under "Representatives" of "Hyperion"? Isn't it "Hyperion" which is forbidden from challenging ownership of the licensed marks?
Last edited by matthey on 26-May-2021 at 07:58 PM.
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