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      /  Amiga Inc. Loses U.S. Trademarks
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PosterThread
olsen 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 19-Jul-2019 15:15:58
#1041 ]
Cult Member
Joined: 15-Aug-2004
Posts: 731
From: Germany

@cgutjahr

Quote:

But a copy of the old CBM source archives won't do you much good - to compile them, you need a rather exotic setup involving Sun workstations and a 30 year old proprietary Green Hills compiler. Olsen is the one who reworked that in the nineties, to make it compile using SAS/C and GCC.

Hang on, where did the GCC reference come from?

The Kickstart/Workbench 3.1 build, like its direct precursors, were built using three compilers only: the Green Hills Software 'C' compiler version 1.8.2E, the Lattice 'C' compiler version 5.10 and the SAS/C compiler version 6.50. GCC was never part of this, and not in my work either.

Part of the task I took on involved reducing the number of compilers involved for this particular build, moving/porting components to SAS/C where Lattice 'C' and the Green Hills Software 'C' compiler were not strictly required.

The later versions (4, 5 and 6) of the Amiga Lattice and SAS compilers were created specifically to build the Amiga operating system with it, as Commodore gradually moved to native development. These compilers were specifically adapted to work with modest memory requirements and to use the Amiga operating system ABI by default. All of this work was done years before there was a robust and mature Amiga port of the GNU 'C' compiler.

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cgutjahr 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 19-Jul-2019 16:12:37
#1042 ]
Cult Member
Joined: 8-Mar-2003
Posts: 940
From: Unknown

@olsen

Quote:

Hang on, where did the GCC reference come from?

OS4 - which is based on the work you did - is compiled with GCC. I should have added "later on", to make that more clear.

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 3-Sep-2020 1:19:54
#1043 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11169
From: In the village

@thread

Hyperion withdraws its opposition to the U.S. registration of "Amiga" by Cloanto.

Source

#6

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 3-Sep-2020 1:34:17
#1044 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11169
From: In the village

@thread

The following is the most recent in a series of documents resulting in a stipulated motion which if/when granted would mean:

Cloanto and Itec LLC withdraw objections to Hyperion's U.S. filing for the Boing Ball trademark (drawing) and Hyperion in turn abandons the trademark.

Source

#6

Added: stipulated is "agreed upon", so this one is really just a case of waiting for the judge to sign off on said agreement, at which point it becomes a court order.



Last edited by number6 on 03-Sep-2020 at 02:52 PM.

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 3-Sep-2020 1:44:10
#1045 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11169
From: In the village

@thread

In addition the following indicates what may be a possible outcome of the other marks filed by Hyperion in the U.S. based on the Cloanto mark "Amiga" registering:

Source

#6

Added for clarification: what this means is Cloanto's U.S. mark of "Amiga" will likely soon be registered and in turn this would trigger the "confusion" with the Hyperion registrations of both "Amigaone" and "AmigaOS" in the U.S. Likely outcome in that situation is that both of those would be "refused".

Last edited by number6 on 03-Sep-2020 at 02:57 PM.

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Hammer 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 3-Sep-2020 3:35:42
#1046 ]
Elite Member
Joined: 9-Mar-2003
Posts: 4204
From: Australia

@NutsAboutAmiga

Quote:

NutsAboutAmiga wrote:
@Lou


Quote:
note the large disk support that 3.1.4 thinks is a *new* feature...


Not really did you read this from Clontos page

"For maximum compatibility, the Amiga boot partition should be the first partition of a disk, and it should not be larger than 4 GB. "

It's the same old patches from haage&partner
repackaged and resold.

Quote:
yeah so nothing at all...


Yeah that was really long time ago, most of the program I have not heard about.
what are Clonto doing now, to improve user experience for users of the platform?
with exception of trying to shut down Hyperion recent work.

I think Clonto is trying to create a monopoly, where they do not need to compete or improve anything.

FYI, Amiga Forever Kickstart 3.X ROM works with my class 10 16GB SD card (via IDE-to-SD adapter) on my Amiga 1200.

I verified Amiga Forever 2016's "amiga-os-3x0-a1200.rom" with 10GB HDF on WinUAE (configured to my current Amiga 1200's setup).

I also purchased Hyperion's Kickstart 3.1.4 ROM A1200 and it's corresponding Workbench disks.





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Amiga 1200 (rev 1D1, KS 3.2, TF1260, 68060 @ 63 Mhz, 128 MB)
Amiga 500 (rev 6A, KS 3.2, 68K 50Mhz, 12 MB RAM)

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Hammer 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 3-Sep-2020 3:44:07
#1047 ]
Elite Member
Joined: 9-Mar-2003
Posts: 4204
From: Australia

@Nonefornow

Quote:

Nonefornow wrote:
@hth313

Quote:
There are a couple of things I would like to understand. Why did Olsen&Co side with Hyperion to make 3.1.4 and not with Cloanto? If Cloanto manage to erect this fence properly, what rights do they have to develop new things based on 3.1 and would that potentially become a problem later?


It seems that based on the pre-existing agreement the fence was already up.
Cloanto to develop for Classic Amiga and Hyperion for PPC Amiga. Hence the lenghty dissertation on OS 3.1 vs 4.x

From my understanding of the court proceeding, I do not think Cloanto wants to enter the PPC arena, they just do not want Hyperion to produce for the Classic Amiga and asked for the injuction on OS 3.1.4.

FYI, my Amiga Forever 2016 was bundled with Amiga OS4.1 FE for Classics and emulated Amiga 4000 PPC configuration. Cloanto has no problems bundling value-added products for the Windows market.

I don't have a PPC card for my A1200 to make better use for my existing Amiga OS4.1 FE license.

Last edited by Hammer on 03-Sep-2020 at 03:47 AM.
Last edited by Hammer on 03-Sep-2020 at 03:46 AM.

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Ryzen 9 3900X, DDR4-3200 32 GB RAM, GeForce RTX 2080 Ti
Amiga 1200 (rev 1D1, KS 3.2, TF1260, 68060 @ 63 Mhz, 128 MB)
Amiga 500 (rev 6A, KS 3.2, 68K 50Mhz, 12 MB RAM)

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 4-Sep-2020 22:45:47
#1048 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11169
From: In the village

@thread

News article referencing earlier posts this page.

english

german

#6

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klx300r 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 5-Sep-2020 3:17:57
#1049 ]
Elite Member
Joined: 4-Mar-2008
Posts: 3623
From: Toronto, Canada

@number6

sounds like good news to me...at least Hyperion reducing stuff off the stalemate list the way I read it ?

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 5-Sep-2020 13:08:07
#1050 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11169
From: In the village

@klx300r

Since I've seen questions about what this means elsewhere:

This has absolutely nothing to do with the 1 active and 1 suspended lawsuit concerning "rights".

This is simply trademark activity. But, at least, it is activity.

#6

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kolla 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 5-Sep-2020 14:55:38
#1051 ]
Super Member
Joined: 21-Aug-2003
Posts: 1734
From: Trondheim, Norway

"We currently have no information about the reasons behind Hyperion's change of strategy"

- a stroke of clarity? :)

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Rose 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 5-Sep-2020 15:49:15
#1052 ]
Cult Member
Joined: 5-Nov-2009
Posts: 887
From: Unknown

@kolla

Quote:

kolla wrote:
"We currently have no information about the reasons behind Hyperion's change of strategy"

- a stroke of clarity? :)


"Our lawyer told us that we own F All"

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 7-Oct-2020 19:11:22
#1053 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11169
From: In the village

@thread

As regards the lawsuits themselves:

Hyperion has filed...
Quote:
Stipulated MOTION TO CONTINUE TRIAL DATE AND RELATED DATES


Translation: They're asking for another delay in all dates. If granted the normal "push back" in previous continuances has been 3 months, which would place the absolute 1st steps of trial activity into 2021.

Source

#6

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kamelito 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 7-Oct-2020 19:45:38
#1054 ]
Cult Member
Joined: 26-Jul-2004
Posts: 764
From: Unknown

@number6

Plenty of time to make money with AmigaOS 3.2.

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eliyahu 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 7-Oct-2020 19:54:33
#1055 ]
Super Member
Joined: 3-Mar-2010
Posts: 1859
From: Waterbury, Connecticut (USA)

@number6

Quote:
Translation: They're asking for another delay in all dates. If granted the normal "push back" in previous continuances has been 3 months, which would place the absolute 1st steps of trial activity into 2021.

I hope the judge tells them to get stuffed and the current schedule won't be extended. It's time to put up or shut up. Either settle or go to trial -- and the settlement talks can drag on forever without a little pressure applied, either financial or judicial.

-- eliyahu

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Lou 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 8-Oct-2020 13:51:19
#1056 ]
Elite Member
Joined: 2-Nov-2004
Posts: 4102
From: Rhode Island

Grrr...


ORDER CONTINUING TRIAL re Parties'95 Stipulated Motion to Continue Trial Date and Related Dates. Jury Trial is CONTINUED to 5/3/2021 at 09:00 AM before Judge Ricardo S. Martinez. Dispositive motions due by 2/5/2021, 39.1 mediation to be completed by 3/17/2021, Motions in Limine due by 4/7/2021, Agreed Pretrial Order due by 4/22/2021, Voir dire/jury instructions/trial briefs/exhibits due by 4/29/2021. Signed by Judge Ricardo S. Martinez.(PM)

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MEGA_RJ_MICAL 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 8-Oct-2020 15:14:55
#1057 ]
Regular Member
Joined: 13-Dec-2019
Posts: 493
From: AMIGAWORLD.NET WAS ORIGINALLY FOUNDED BY DAVID DOYLE

FCUG

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bison 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 8-Oct-2020 16:34:52
#1058 ]
Super Member
Joined: 18-Dec-2007
Posts: 1842
From: N-Space

@eliyahu

The strategy seems to be to drag this out until we're all dead.

_________________
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amigadave 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 8-Oct-2020 19:38:09
#1059 ]
Super Member
Joined: 18-Jul-2005
Posts: 1707
From: Lake Shastina, Northern Calif.

@Lou

Quote:

Lou wrote:
Grrr...


ORDER CONTINUING TRIAL re Parties'95 Stipulated Motion to Continue Trial Date and Related Dates. Jury Trial is CONTINUED to 5/3/2021 at 09:00 AM before Judge Ricardo S. Martinez. Dispositive motions due by 2/5/2021, 39.1 mediation to be completed by 3/17/2021, Motions in Limine due by 4/7/2021, Agreed Pretrial Order due by 4/22/2021, Voir dire/jury instructions/trial briefs/exhibits due by 4/29/2021. Signed by Judge Ricardo S. Martinez.(PM)


I hope Cloanto & CA Acquisitions, or what ever the company is named now, knows that all of these delays are the same tactic Hyperion used to drain Amiga Inc.'s last few dollars, until Amiga Inc. was forced to give up and settle for next to nothing, giving Hyperion the rights to AmigaOS4. It (probably) costs Hyperion next to nothing to file extension after extension, as Ben Hermans can certainly do that bit of work himself, while Cloanto et al, are paying high lawyer rates for each and every extension that is filed.

Personally, I would love to see this case go to a jury trial, and see what normal people think about the behavior and actions taken by a certain Hyperion major share holder. I think it is long past due to have him get what he deserves, and be taught a hard lesson. Karma!!!

Unfortunately, this case will likely never go to trial, and another settlement will be agreed to, which will allow Hyperion to continue dragging this community into oblivion at a painful snails pace.

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matthey 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 8-Oct-2020 20:50:08
#1060 ]
Super Member
Joined: 14-Mar-2007
Posts: 1063
From: Kansas

@amigadave
I'm afraid that if Cloanto won the lawsuit in court and was awarded proceeds from the 68k AmigaOS updates that Cloanto would, after using the law to delay payment, be forced into bankruptcy. I wonder if the assets of a "certain Hyperion major share holder" are protected as this may be a case of piercing the corporate veil with all the shenanigans.

https://en.wikipedia.org/wiki/Piercing_the_corporate_veil

Factors that a court may consider when determining whether or not to pierce the corporate veil include the following:

o Absence or inaccuracy of corporate records;
o Concealment or misrepresentation of members;
o Failure to maintain arm's length relationships with related entities;
o Failure to observe corporate formalities in terms of behavior and documentation;
o Intermingling of assets of the corporation and of the shareholder;
o Manipulation of assets or liabilities to concentrate the assets or liabilities;
o Non-functioning corporate officers and/or directors;
o Significant undercapitalization of the business entity (capitalization requirements vary based on industry, location, and specific company circumstances);
o Siphoning of corporate funds by the dominant shareholder(s);
o Treatment by an individual of the assets of corporation as his/her own;
o Was the corporation being used as a "fašade" for dominant shareholder(s) personal dealings; alter ego theory;

Any of the above sound familiar? There are probably some people who have dealt with Hyperion, some of whom have been damaged by them, that could give some interesting testimony in court about the shenanigans. I don't know anything about Belgium law where piercing the corporate veil may be more difficult to do but courts usually frown on shenanigans. Unfortunately, the activities of many small businesses are under the radar of law enforcement.

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