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      /  Amiga Inc. Loses U.S. Trademarks
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PosterThread
number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 25-May-2021 16:32:23
#1381 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11164
From: In the village

@kolla

(1)He is referring to the shareholders, who have no such power anyway.

(2)Latest Hyperion Entertainment PR is signed "The Hyperion Management Team.", which would indicate at least the desire to be portrayed as having more than one member.

I have yet to hear who this team is comprised of should it actually exist.

#6

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kolla 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 25-May-2021 20:36:52
#1382 ]
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Joined: 21-Aug-2003
Posts: 1733
From: Trondheim, Norway

@number6

I believe the answer is he, him and himself :)

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BigD 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 25-May-2021 21:11:23
#1383 ]
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Joined: 11-Aug-2005
Posts: 5832
From: UK

@Thread

Here's a fun PAGE!

It's great that Ben has learnt from all the Amiga IP wranglings and been able to monitise it in some way!

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matthey 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 25-May-2021 23:31:57
#1384 ]
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Joined: 14-Mar-2007
Posts: 1063
From: Kansas

BigD Quote:

Here's a fun PAGE!

It's great that Ben has learnt from all the Amiga IP wranglings and been able to monitise it in some way!


A lawyer with that kind of experience could probably help the Amiga or help himself to the Amiga.

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 26-May-2021 12:54:03
#1385 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11164
From: In the village

@thread

Trademark THEA500 now registered

As noted prior in this thread, this trademark was filed for, received objection, and refiled thereafter.

#6

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NutsAboutAmiga 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 26-May-2021 15:18:53
#1386 ]
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Joined: 9-Jun-2004
Posts: 11745
From: Norway

@number6

Wonder if Mike Battilana is going to take action, no point owning the trademark Amiga if no one uses it, and ignore him.

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 26-May-2021 16:56:41
#1387 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11164
From: In the village

@NutsAboutAmiga

I'm not sure what you mean here.

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?

I realize this is a -very- long thread, but I've linked to this information before here.

#6

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 26-May-2021 17:18:55
#1388 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11164
From: In the village

@matthey

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.

#6

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matthey 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 26-May-2021 19:54:04
#1389 ]
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Joined: 14-Mar-2007
Posts: 1063
From: Kansas

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.


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?


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.


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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asymetrix 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 28-May-2021 19:59:58
#1390 ]
Cult Member
Joined: 9-Mar-2003
Posts: 868
From: United Kingdom

@thread

I hope details are filed about staff and correct taxes being paid.
Some companies just can’t afford to maintain, or show to maintain its business for upcoming years, which a judge will not like.

Legally binding commitments are needed, and clear role to community, rights holder, hobby maintainer, or platform resurrection into future hardware ?

Let’s hope cases are dismissed, rather than dragged on.

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 29-May-2021 1:41:20
#1391 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11164
From: In the village

@thread

the first posts from Amiga Corporation, iirc

#6

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TRIPOS 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 29-May-2021 10:19:26
#1392 ]
Super Member
Joined: 4-Apr-2014
Posts: 1113
From: Unknown

@number6

Quote:

number6 wrote:
@thread

the first posts from Amiga Corporation, iirc

#6


Ben Hermans was a pirate. And he still is a pirate.

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 29-May-2021 11:44:57
#1393 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11164
From: In the village

@thread

Quote:
ORDER granting Plaintiffs'117 Motion to Vacate toVacate and Reset Pretrial Calendar, and to Allow the Parties Time to Depose a New Witness. All current pre-trial dates in this matter are stricken. Trial date to be set by Court. Deposition of Evert Carton to occur no later than 30 days following the date of this than Order. Agreed pretrial order due 60 days following the Court's decision on the motions for summary judgment. Plaintiffs' pre-trial brief due 30 days following the Court's decision on the motions for summary judgment. Defendant's pre-trial brief due 40 days following the Court's decision on the motions for summary judgment. Pretrial conference to be set by Court. All motions in limine due 50 days following the Court's decision on the motions for summary judgment. Trial brief, proposed voir dire questions, jury instructions, neutral statement of the case, and trial exhibits deadline to be set by Court. Signed by Judge Ricardo S. Martinez.


Source

More detail when made available

#6

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 29-May-2021 11:56:48
#1394 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11164
From: In the village

@thread

complete doc referred to in previous post

#6

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BigD 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 29-May-2021 12:48:52
#1395 ]
Elite Member
Joined: 11-Aug-2005
Posts: 5832
From: UK

@number6

Why is this still going on? Everyone needs to cut their losses, settle and move on. There are no X5000s for sale, no Tabors, no Hyperion AmigaOS 4.x development and just Enhancer development with a few Sam460cr mobos slipping out on the AmigaNG side! Only MorphOS has a decent browser too! This is not a healthy market!

On the other hand the Classic side goes from strength to strength and yet the court case will probably lead to an injunction on AmigaOS 3.2 too with the Vampire team continuing with ApolloOS based on AROS which no one really wants

Where’s the Raptor Accelerator already? At least the court case can’t stop the Apollo team

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bison 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 29-May-2021 15:33:07
#1396 ]
Super Member
Joined: 18-Dec-2007
Posts: 1841
From: N-Space

@BigD

Quote:
Why is this still going on?

It hasn't really started yet. It looks like it's going to be an uneventful summer (NH) in Amiga Land (again).

I guess it's time for another one of those "join forces" threads. That should get us through July.

Last edited by bison on 29-May-2021 at 03:46 PM.

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simplex 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 29-May-2021 17:14:59
#1397 ]
Cult Member
Joined: 5-Oct-2003
Posts: 896
From: Hattiesburg, MS

@number6

That's... not something I expected at all.

Quote:
Defendant’s attorney, Eric Harrison, is unreachable at this time. ... Given that Hyperion is currently represented by Mr. Harrison, Mr. Hermans’ word document is not properly before the Court as an opposition to Plaintiff’s motion.

Given how long "at this time" has been, how was the lawyer unavailable, and how was Hyperion unable to secure another lawyer? Do I misunderstand how long "at this time" has been?

Hard to believe the Amiga has come to this: a cheap legal thriller where the plot thickens like an overcooked custard.

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BigD 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 29-May-2021 21:18:46
#1398 ]
Elite Member
Joined: 11-Aug-2005
Posts: 5832
From: UK

@simplex

Quote:
...and how was Hyperion unable to secure another lawyer? Do I misunderstand how long "at this time" has been?


Surely even the receptionist and cleaner (probably still just Ben) has passed the bar exam at Hyperion? Why couldn’t they just wheel in the next employee to act as their defence lawyer? Stale old popcorn anyone?!!

Last edited by BigD on 29-May-2021 at 09:19 PM.

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TRIPOS 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 29-May-2021 22:30:12
#1399 ]
Super Member
Joined: 4-Apr-2014
Posts: 1113
From: Unknown

@simplex

Quote:
Given how long "at this time" has been, how was the lawyer unavailable, and how was Hyperion unable to secure another lawyer?


Because lawyers won’t work for you without getting paid?


@BigD

Quote:
Surely even the receptionist and cleaner (probably still just Ben) has passed the bar exam at Hyperion? Why couldn’t they just wheel in the next employee to act as their defence lawyer?


“Employees”?!!



There are no employees, there is no office.

There is only Ben Hermans and a registered corporation in a database with no assets…

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BigD 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 29-May-2021 23:28:07
#1400 ]
Elite Member
Joined: 11-Aug-2005
Posts: 5832
From: UK

@TRIPOS

Quote:

TRIPOS wrote:
“Employees”?!!



There are no employees, there is no office.

There is only Ben Hermans and a registered corporation in a database with no assets…



Ben Hermans, Timothy de Groote and Costel Mincea all used to work together so there must have been a small office at some point with Hans-Joerg Frieden popping in to doff his hat and report on the latest coding effort?



Not really much different from business meetings with Elbox to be honest!

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