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number6
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Re: Cloanto acquire Amiga Inc Trademark Posted on 18-May-2017 16:21:34
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Elite Member  |
Joined: 25-Mar-2005 Posts: 11662
From: In the village | | |
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| @thread
Potential opposer (remember this is just a request for extension):
Quote:
Potential Opposer Name: Hyperion Entertainment C.V.B.A. |
Source
This link worked when I posted it, but it's possible a session may expire. If you can't reach this information, let the thread know and we'll include a step-by-step instead.
#6
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number6
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Re: Cloanto acquire Amiga Inc Trademark Posted on 19-May-2017 14:40:08
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Elite Member  |
Joined: 25-Mar-2005 Posts: 11662
From: In the village | | |
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| @thread
Just filed:
Amiga Forever
Monard Law is the lawfirm of Ben Hermans.
Source
You have to click the "representative" tab to get the full info.
#6
Last edited by number6 on 19-May-2017 at 02:54 PM. Last edited by number6 on 19-May-2017 at 02:49 PM.
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jorit2
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Re: Cloanto acquire Amiga Inc Trademark Posted on 19-May-2017 14:55:22
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Regular Member  |
Joined: 22-Apr-2011 Posts: 243
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| @number6
Oh my ... another fine example of Ben's conflict resolution strategies ... Last edited by jorit2 on 19-May-2017 at 03:13 PM.
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number6
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Re: Cloanto acquire Amiga Inc Trademark Posted on 19-May-2017 15:17:14
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Elite Member  |
Joined: 25-Mar-2005 Posts: 11662
From: In the village | | |
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| @jorit2
Perhaps some reasoning here:
Quote:
Hermans had recently registered with amiga-news.de to point out that commercial use "outside the Anglo-American legal circle" is not the same as holding a trademark. |
Source from comment section
#6
_________________ This posting, in its entirety, represents solely the perspective of the author. *Secrecy has served us so well* |
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OlafS25
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Re: Cloanto acquire Amiga Inc Trademark Posted on 19-May-2017 15:17:26
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Elite Member  |
Joined: 12-May-2010 Posts: 6472
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| @number6
in middle age that would be called throwing the gauntlet |
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OlafS25
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Re: Cloanto acquire Amiga Inc Trademark Posted on 19-May-2017 15:18:32
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Elite Member  |
Joined: 12-May-2010 Posts: 6472
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| @number6
he is busy to make himself even more popular in the community |
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jorit2
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Re: Cloanto acquire Amiga Inc Trademark Posted on 19-May-2017 15:21:26
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Regular Member  |
Joined: 22-Apr-2011 Posts: 243
From: Unknown | | |
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| @number6
Quote:
number6 wrote: @jorit2
Perhaps some reasoning here:
Quote:
Hermans had recently registered with amiga-news.de to point out that commercial use "outside the Anglo-American legal circle" is not the same as holding a trademark. |
Source from comment section
#6
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I stand by my comment 
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RobertJDohnert
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Re: Cloanto acquire Amiga Inc Trademark Posted on 19-May-2017 16:12:21
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Joined: 18-Jun-2013 Posts: 199
From: Raleigh NC | | |
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| @number6
I should apply for the trademarks for Amiga Eternal and Amiga Universal _________________ http://www.pc-opensystems.com |
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RobertJDohnert
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Re: Cloanto acquire Amiga Inc Trademark Posted on 19-May-2017 16:19:08
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Joined: 18-Jun-2013 Posts: 199
From: Raleigh NC | | |
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| All this infighting is doing us no good. Instead of placing resources into soul sucking legal fights concentrate them on the betterment of Amiga OS and the community. Keep your eyes on the prize and deliver what you promised to deliver a kickass OS that beats everything else out there and Amiga users can call their own, hardware that Amiga users can be proud of and call their own, lets get 4.2 finished by Christmas so Amiga users have something to put under the tree that they bought from a store.
ONWARD to 4.2 Last edited by RobertJDohnert on 19-May-2017 at 04:20 PM.
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number6
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Re: Cloanto acquire Amiga Inc Trademark Posted on 19-May-2017 16:40:23
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Elite Member  |
Joined: 25-Mar-2005 Posts: 11662
From: In the village | | |
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| @thread
Also just filed:
AmigaOS
Again under Ben Hermans of Monard Law, as opposed to the prior U.S. refused trademark submitted by Hyperion Entertainment CVBA.
earlier U.S. application for reference
#6
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dooz
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Re: Cloanto acquire Amiga Inc Trademark Posted on 19-May-2017 17:54:52
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Joined: 17-Jul-2013 Posts: 49
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number6
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Re: Cloanto acquire Amiga Inc Trademark Posted on 19-May-2017 18:17:01
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Elite Member  |
Joined: 25-Mar-2005 Posts: 11662
From: In the village | | |
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| @dooz
ty
Repeating your link from earlier in this thread of Cloanto applying for the Workbench trademark for comparison:
Source
Quote:
I guess next is "AmigaOne". |
Agree.
#6
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ne_one
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Re: Cloanto acquire Amiga Inc Trademark Posted on 19-May-2017 20:55:27
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Cult Member  |
Joined: 13-Jun-2005 Posts: 905
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| @RobertJDohnert
Quote:
Instead of placing resources into soul sucking legal fights concentrate them on the betterment of Amiga OS and the community. Keep your eyes on the prize and deliver what you promised... |
I have a feeling that Ben doesn't actively contribute to OS development... programmatically or otherwise.
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TRIPOS
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Re: Cloanto acquire Amiga Inc Trademark Posted on 19-May-2017 21:03:34
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Super Member  |
Joined: 4-Apr-2014 Posts: 1205
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| @OlafS25
Quote:
OlafS25 wrote: @number6
in middle age that would be called throwing the gauntlet |
That happened a quite some time ago already!
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number6
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Re: Cloanto acquire Amiga Inc Trademark Posted on 19-May-2017 21:35:24
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Elite Member  |
Joined: 25-Mar-2005 Posts: 11662
From: In the village | | |
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| @thread
Story updated twice to attempt to keep up with the reports on the latest filings:
english
german
#6
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number6
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Re: Cloanto acquire Amiga Inc Trademark Posted on 19-May-2017 21:57:39
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Elite Member  |
Joined: 25-Mar-2005 Posts: 11662
From: In the village | | |
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TRIPOS
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Re: Cloanto acquire Amiga Inc Trademark Posted on 19-May-2017 22:14:02
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Super Member  |
Joined: 4-Apr-2014 Posts: 1205
From: Unknown | | |
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| Quote:
Status: A request for an extension of time to file an opposition has been filed with the Trademark Trial and Appeal Board.
Opposer Name: Hyperion Entertainment C.V.B.A.
Just filed: Hyperion trying to register [The Cloanto Trademark] Amiga Forever. (Monard Law is the lawfirm of Ben Hermans.)
It seems that Hyperion is also trying to register [The Cloanto Trademark] "Workbench" trademark in EU: https://euipo.europa.eu/eSearch/#details/trademarks/016732208
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Quote:
number6 wrote:
As expected |
Indeed...
Quote:
jorit2 [former Hyperion partner] wrote:
Oh my ... another fine example of Ben's conflict resolution strategies ... |
Indeed...
Quote:
OlafS25 wrote:
he is busy to make himself even more popular in the community |
Indeed...
In the quite interesting Interview: Timothy De Groote - Director Hyperion Entertainment CVBA thread, we saw Olaf "Olsen" Barthel acknowledge his view that the path in which the Amiga has been traveling along since the last crossroad, has been a bad one, and that it must change ("the Amiga as a hobby, and as something to care for, went wrong, and this cannot and should not stand"), and his view is that open sourcing the OS to be maintained and developed by the Amiga Community is the only possible way to a sustainable future.
That he speaks up at this particular time is telling: There is a possible change afoot, Cloanto is now the copyright owner of the OS, and is about to acquire the Amiga trademark as well!
Olaf Barthel conclude (quite correctly) that an Open Source future for the OS require a stable community. Hyperion can't achieve that, a fact that has probably been obvious to him (and most of us) for a very long time. The above quoted legal crap is just the latest in a very long line of legal crap. Hyperion has been working overtime to tear down the Amiga Community for more than 1.5 decade now. But again, there may be a change afoot...? 
BTW, I wonder if Ben is doing this as a director of Hyperion, or if the other directors are directing him to do this? |
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TRIPOS
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Re: Cloanto acquire Amiga Inc Trademark Posted on 19-May-2017 22:18:15
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Super Member  |
Joined: 4-Apr-2014 Posts: 1205
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pavlor
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Re: Cloanto acquire Amiga Inc Trademark Posted on 20-May-2017 7:34:24
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Elite Member  |
Joined: 10-Jul-2005 Posts: 9660
From: Unknown | | |
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| @TRIPOS
War of the Amiga Succession.
Gloves off, all tricks allowed. This will be really dirty... |
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number6
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Re: Cloanto acquire Amiga Inc Trademark Posted on 20-May-2017 13:47:03
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Elite Member  |
Joined: 25-Mar-2005 Posts: 11662
From: In the village | | |
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| @pavlor
Hopefully on topic for your "will be really dirty", although my conjecture below would indicate "is" and not "will be":
Not that the pure visuals (all the filings we are following) outweigh what happens in the case of negotiations, I find one "visual" element troubling. Speaking strictly from a layman's perspective...
In the case of Cloanto's trademark of "Amiga", Hyperion-Entertainment CVBA filed for an extension to opposition. This could mean an actual opposition and corresponding paperwork may follow within the established time frame, or nothing at all will follow this extension request. Nevertheless, it is clear that someone is stating an opposition to ownership of this trademark, when given the chance through an opposition period.
If I apply the same thinking to Cloanto's euipo WORKBENCH trademark, I run into a logic problem. THAT trademark is also in opposition period and therefore paperwork indicating an intent to challenge that trademark could have been filed as well. It was not. Instead Ben Hermans/Monard Law applies to register a new trademark with the spelling of Workbench, instead of WORKBENCH.
By not filing an opposition to Cloanto's WORKBENCH, to my layman's view it's an admittance that WORKBENCH does belong to Cloanto. By filing for the near identical Workbench trademark, to my layman's view it's like saying, "but we want and will attempt to take it anyway."
I'd appreciate a legal explanation of why my layman's theory is completely incorrect.
Edited: Monard d'Hulst to Monard Law, since the firm was rebranded.
#6 Last edited by number6 on 06-Jul-2017 at 02:15 PM. Last edited by number6 on 20-May-2017 at 02:06 PM.
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