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      /  Amiga Inc. Loses U.S. Trademarks
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PosterThread
ppcamiga1 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 23-Jun-2019 10:56:26
#1001 ]
Regular Member
Joined: 23-Aug-2015
Posts: 141
From: Unknown

Even if we take the Paul C Clements analysis seriously.
Paul C Clements still has a problem with logic.
Paul C Clements proves in his analysis that Amiga Os 3.1 MAY have not been made on the basis of Amiga Os 1.3 and in his conlusion that's why Hyperion has not rights to Amiga Os 1.3.
Paul C Clements is wrong ofcourse.
If Paul C Clements proves in his analysis that Amiga Os 3.1 MUST have not been made on the basis of Amiga Os 1.3 he will be right.
In reality Amiga Os 3.1 was made on basis on 2.0 this on 1.3 and 1.3 is stil included in 3.1

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Birbo 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 24-Jun-2019 6:45:08
#1002 ]
Cult Member
Joined: 5-Apr-2007
Posts: 542
From: Zurich, Switzerland

@ppcamiga1

That's absolutely rubbish what you're saying... c'mon, please...

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megol 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 24-Jun-2019 16:42:37
#1003 ]
Regular Member
Joined: 17-Mar-2008
Posts: 321
From: Unknown

@ppcamiga1
Sorry: your thinker stinker.

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ppcamiga1 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 25-Jun-2019 3:48:37
#1004 ]
Regular Member
Joined: 23-Aug-2015
Posts: 141
From: Unknown

Some big H haters have problems with work of some "expert" is wort nothig.

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Birbo 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 25-Jun-2019 4:32:07
#1005 ]
Cult Member
Joined: 5-Apr-2007
Posts: 542
From: Zurich, Switzerland

@ppcamiga1

The point is, you are constantly writing things wich are completely wrong.

And then, you are against some great projects (I assume, because you lose business) and you do it without logic, without any facts.

I really don't like what you write in forums, because it's factually incorrect.

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aria 
Re: Cloanto acquire Amiga Inc
Posted on 2-Jul-2019 23:59:43
#1006 ]
Member
Joined: 6-Nov-2014
Posts: 25
From: Unknown

@umisef

Quote:
What the Amiga parties are saying is "here is how we understood the terms of the agreement when we entered into it 10 years ago. And here is an expert in the field --- in fact, the very expert who wrote the very books providing the definition used in the agreement --- who states that that interpretation is reasonable". So Hyperion can either argue that that was the intended understanding in 2009, or Hyperion can argue that they had a different understanding of the terms. In the former case, the agreement has to be interpreted on those terms. In the latter case, there clear was no agreement, no meeting of minds. Thus, it is up to the court to determine which interpretation is reasonable --- and with the Amiga parties having provided not just an expert, but arguably the expert on the definition included in the settlement agreement, and Hyperion having provided zip, nada, nothing... well, if you were in their shoes, how would you decide?


Very impressed by this analysis. Would you perhaps consider giving a look at the court order from last May, which was brought up by Hyperion as some sort of big victory?

Order Granting in Part and Denying in Part Defendant's Motion to Dismiss in Part

In my armchair lawyer understanding, the judge did indeed rule that Cloanto (but not Amiga/Amino/Itec) lacks standing to bring a breach of contract claim because Cloanto was not a party to 2009 Settlement Agreement. However, I don't see how this changes anything for Hyperion, because the same breach of contract claims were also brought up by the other Amiga parties, and the judge not only did not dismiss those, but reinforced them by saying that although Cloanto can't enforce the Settlement Agreement, any party can indeed rely on the Settlement Agreement to determine Hyperion's rights under copyright and trademark law (which the Amiga parties inclusive of Cloanto and C-A have raised): "This finding does not preclude Cloanto from pursuing other claims against Hyperion related to copyright or trademark infringement, or from relying on the terms of the Settlement Agreement to determine Hyperion’s rights under copyright and trademark law."

I am inclined to interpret the same for the "Lanham Act" part: "The Court agrees with Hyperion that Plaintiffs have not shown that Cloanto has standing to pursue a claim for relief under the Lanham Act given the current arrangement." The "current arrangement" presumably having changed when C-A Acquisition Corp. joined the Amiga parties in filing its own lawsuit. However, again, I don't see how the Amiga parties' right to do the same (which they already did) has been prejudiced by this decision. Moreover, the judge seems to say that involving the Lanham Act is not even needed ("the Court disagrees with Hyperion... The Court has jurisdiction over the remaining contract claim between the Amiga Parties and Hyperion, and can rule that Hyperion has breached that contract without “scrutiny of the administrative acts of multiple foreign trademark officials.”")

I can see a narrow prejudice for Cloanto if it were to act alone, which is however irrelevant because it affects claims also brought up by its other Amiga allies. But Hyperion claims that this judgment was a victory for them, to the point of repeating several times (in the recent counterclaims) that it affected its Amiga adversaries with some sort of "prejudice". Are they right, or is it some sort of Hyperion/Ben reality distortion field?

What is your opinion? Is the judge maybe trying to narrow the case to breach of contract for the incumbent Amiga parties (Amino/KMOS/Itec) who signed the settlement agreement, and trademark and copyright for the new Amiga parties (Cloanto and C-A)?

Last edited by aria on 03-Jul-2019 at 12:15 AM.
Last edited by aria on 03-Jul-2019 at 12:00 AM.

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number6 
Re: Cloanto acquire Amiga Inc
Posted on 4-Jul-2019 12:04:52
#1007 ]
Elite Member
Joined: 25-Mar-2005
Posts: 10738
From: In the village

@thread

Filing of July 2, 2019 now available

Courtesy: Amiga Documents

#6

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 15-Jul-2019 17:45:09
#1008 ]
Elite Member
Joined: 25-Mar-2005
Posts: 10738
From: In the village

@thread

Additional on-topic to:

Ben's new job from post #985 this thread

Artes group pics uploaded yesterday:
https://www.facebook.com/artes.law/

larger version

another larger version

#6

Last edited by number6 on 15-Jul-2019 at 05:50 PM.

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kolla 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 15-Jul-2019 19:01:10
#1009 ]
Super Member
Joined: 20-Aug-2003
Posts: 1314
From: Trondheim, Norway

@number6

I see they are Antwerpen based, iirc, someone else is also in Antwerpen.
(Lovely city for beer btw, I hope Kulminator is still there)

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 15-Jul-2019 19:07:58
#1010 ]
Elite Member
Joined: 25-Mar-2005
Posts: 10738
From: In the village

@kolla

Apparently there is an Evert Carton in Antwerp too.

#6

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jorit2 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 15-Jul-2019 21:38:25
#1011 ]
Regular Member
Joined: 22-Apr-2011
Posts: 235
From: Unknown

@kolla

Kulminator is still here. It's literally around the corner from where I live, say 200 meters. I walk past it almost daily.

I'm afraid it's about to disappear though.
The owner, whom I see walk around here, is in really bad shape. He's grown old.

Evert

Last edited by jorit2 on 15-Jul-2019 at 10:04 PM.
Last edited by jorit2 on 15-Jul-2019 at 09:58 PM.
Last edited by jorit2 on 15-Jul-2019 at 09:52 PM.

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 15-Jul-2019 21:43:23
#1012 ]
Elite Member
Joined: 25-Mar-2005
Posts: 10738
From: In the village

@jorit2

eeeek! nuff said.

#6

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 18-Jul-2019 12:44:17
#1013 ]
Elite Member
Joined: 25-Mar-2005
Posts: 10738
From: In the village

@thread

Re:post #946 this thread outlining the trademark case

Quote:
C-A Acquisition Corp et al v. Hyperion Entertainment CVBA

Source


FIRST AMENDED COMPLAINT FOR TRADEMARK INFRINGEMENT (now available)

#6

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petrol 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 18-Jul-2019 14:17:20
#1014 ]
Regular Member
Joined: 25-Jun-2004
Posts: 402
From: France

What a mess!

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Nonefornow 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 18-Jul-2019 14:58:06
#1015 ]
Regular Member
Joined: 29-Jul-2013
Posts: 137
From: Greater Los Angeles Area

@number6

Quote:
FIRST AMENDED COMPLAINT FOR TRADEMARK INFRINGEMENT (now available)


This document seems to include a fairly comprehensive recap of the situation and of the various legal actions, but, in my opinion, it really does not add any new information or facts for the court to consider.

Even though it was filed yesterday, it feels as if I read it before.

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 18-Jul-2019 15:08:58
#1016 ]
Elite Member
Joined: 25-Mar-2005
Posts: 10738
From: In the village

@Nonefornow

Right.

Brief recap of events:

Cloanto sought to enjoin C-A Acquisition Corporation in the main lawsuit.
Hyperion succeeded in preventing that action.
Ergo, C-A Acquisition Corporation had to file their own lawsuit.
As a result, it is mostly repitition atm.


Hyperion Entertainment C.V.B.A. et al v. Itec, LLC et al - is a contract case
C-A Acquisition Corp et al v. Hyperion Entertainment CVBA - is a trademark case

The other things going on at the bank are still termed legal proceedings, so not the same category as a lawsuit.

#6

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Jose 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 18-Jul-2019 17:21:39
#1017 ]
Cult Member
Joined: 10-Mar-2003
Posts: 932
From: Unknown

I see that Cloanto is mentioning they have provided some "Classic support" for real hardware as one of the uses of their trademarks/licences, but I don't remember them ever doing anything like that ? Maybe some patch 10 years ago anyone ?

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Lou 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 18-Jul-2019 17:41:01
#1018 ]
Elite Member
Joined: 2-Nov-2004
Posts: 3983
From: Rhode Island

@Jose

Quote:

Jose wrote:
I see that Cloanto is mentioning they have provided some "Classic support" for real hardware as one of the uses of their trademarks/licences, but I don't remember them ever doing anything like that ? Maybe some patch 10 years ago anyone ?

Again?

https://www.amigaforever.com/kb/16-125
https://www.amigaforever.com/kb/16-120 note the large disk support that 3.1.4 thinks is a *new* feature...
https://www.amigaforever.com/classic/ppaint/
https://www.amigaforever.com/classic/pwrite/
https://www.amigaforever.com/classic/pfm/
https://www.amigaforever.com/classic/pfm-2/
https://www.amigaforever.com/classic/dirdiff/

yeah so nothing at all...

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klx300r 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 18-Jul-2019 17:41:39
#1019 ]
Elite Member
Joined: 4-Mar-2008
Posts: 3487
From: Toronto, Canada

@number6

interesting reading and very comprehensive indeed but all I care about is that both AmigaOS3.14 and AmigaOS4.1FE and related harwdware can continue to be sold and more importantly worked on and improved

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bison 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 18-Jul-2019 17:43:56
#1020 ]
Super Member
Joined: 18-Dec-2007
Posts: 1440
From: N-Space

@thread

Can someone explain paragraph 28?

Quote:
28. Neither Kickstart 1.2 nor Kickstart 1.3 is part of, or contained in, the Software, and neither functions with the disk-based portion of the Software.

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