@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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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.

@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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@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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@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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@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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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.

@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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@thread

the first posts from Amiga Corporation, iirc

#6

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@number6

Quote:

number6 wrote: @thread the first posts from Amiga Corporation, iirc #6

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

@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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@thread

complete doc referred to in previous post

#6

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@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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@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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@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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@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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@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…

@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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@BigD

I don’t deny that *a lot* of work has been done, especially on OS4, but also some considerable efforts on “classic” OS lately. By contractors/freelancers, not employees. Of which most (all?) never got paid. When it comes to the Friedens that you mention, I recall from court documents a note of a *huge* unpaid debt. I know that they continued to contribute to some extent, and maybe they still do. So did Steven Solie for a long time, who replaced them as team lead. He explicitly told that he definitely wasn’t employed, most certainly not even a paid contractor. Many contractors left due to never being paid. File systems and lots of other components has been dropped from OS4 or at best being left there but in an un-updated condition. Network stack etc. The whole OS4-thing stalled *many* years ago. The classic development the last years is explicitly completely unpaid. That some limited development still happens on OS4 and OS3, is *purely* out of love for the system. But the copyrights of unpaid work belongs to the developers, unless some very insane contracts was signed in some cases(?).

@TRIPOS

Other Amiga partners seem to have more fun....

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