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      /  Amiga Inc. Loses U.S. Trademarks
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PosterThread
BigD 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 23-Jun-2021 0:21:28
#1521 ]
Elite Member
Joined: 11-Aug-2005
Posts: 7322
From: UK

@Thread

It must be Ben's Sith apprentice because legal@amigakit.com sure sounds like him on Twitter:

Quote:
Amiga Kit Amiga Store
@amigakit
23/06/21
00:09
Replying to
@amigamagazine

The TM7A form is *not* opposition. It is simply a formal standard mechanism to give us up to a month to communicate with Simulant Systems Ltd.



So legal threats are now a standard mechanism in Amiga-land!

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BigD 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 23-Jun-2021 0:25:35
#1522 ]
Elite Member
Joined: 11-Aug-2005
Posts: 7322
From: UK

@Thead

Someone's customer reputation just went up in smoke!


No remaining X5000 AmigaOnes without OEM AmigaOS 4.1FE licenses were harmed in the posting of this unrelated photo!

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TRIPOS 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 23-Jun-2021 0:51:14
#1523 ]
Super Member
Joined: 4-Apr-2014
Posts: 1205
From: Unknown

@BigD

Quote:

BigD wrote:
@legal@amigakit.com

You know you're not wanted! We are a peaceful bunch of retro users who just want to read a magazine and buy a 9-pin joystick switcher with CD32 compatibility (still waiting for the boards to be populated). But instead you're getting paid for sucking the blood out of a hobby/cottage industry that doesn't have the money to spare. Leave Amiga Addict alone and stop giving bad council to a company that can ill afford to alienate its customer base in this way!

... unless I am speaking to Ben in which case; I completely understand! You are just trying to take every single last Amiga entity down with you! You're nearly there brother, just keep pulling that thread!





“AeonKit” showing their true colors!

And they don’t even own Amiga, yet they act like it’s theirs! Gradually they have imitated the aesthetics of logotypes, traditional Amiga model numbers, they have registered intrusive domains and trademarks in various outskirt jurisdictions. And this is what it boils down to. Parasites!

Last edited by TRIPOS on 23-Jun-2021 at 12:52 AM.

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kolla 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 23-Jun-2021 1:54:45
#1524 ]
Elite Member
Joined: 21-Aug-2003
Posts: 2888
From: Trondheim, Norway

@BigD

Quote:

Just buy OS3.1 or Cloanto's OS3.X then if you want it all minimalist.


Huh, who said anything about minimalist.

What I'm saying is that there are quite a few details of OS 3.2 I don't like. Such as someone else than ThoR now messing with Amiga shell code (I very much preferred it when he just released Shell updates to Aminet every now and then). Such as various "enhancements" in the Workbench menu layout.

Quote:
Are the bug fixes without the enhancements worth the time to manually install OS3.2 the way you like it?


Yes, of course it is. And many of the OS3.2 improvements are good - Workbench redraws are reduced, tab-completion finally coming to the shell. And on 68000 too.

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kolla 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 23-Jun-2021 2:00:38
#1525 ]
Elite Member
Joined: 21-Aug-2003
Posts: 2888
From: Trondheim, Norway

AmigaKit, proudly shooting themselves in the foot since... eh.. uhm... 1994... ish.

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Hondo 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 23-Jun-2021 7:08:21
#1526 ]
Super Member
Joined: 10-Apr-2003
Posts: 1370
From: Denmark

@BigD

Quote:
You should be enjoying Wales progressing in the Euros


Yes of course...except that on Saturday that journey is probably over...in walks THE DANES!!

And regarding Amigakit acting stupidly, please forgive them - they have done SO MUCH GOOD for this platform, and have been navigating among sharks and predators for years. Sometimes that change a person to being a shark himself. I'm sure they will stop that bullying behaviour, and apologise.

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amigang 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 23-Jun-2021 11:35:09
#1527 ]
Elite Member
Joined: 12-Jan-2005
Posts: 2022
From: Cheshire, England

it is annoying the ip holders either want a cut or to not allow community founded project to push / help the market. I seen many companies do this.

Amigakit actually have brought some product to market and supported some areas of the market, but I felt the whole A1200TM / A500TM was handled poorly I hope this is not going to be another repeat of this.

I just glad that the community has got things like Aros to get around things like this. Plus fans are starting to be not to fused about the brand being attached, Vampire is a perfect example of this.

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 23-Jun-2021 12:36:28
#1528 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11587
From: In the village

@thread

the last few days including...

131 - ORDER denying Defendant-Counterclaim Plaintiff Hyperion Entertainment CVBA's119 Motion for Reconsideration; denying Plaintiffs'126 Motion to Bar Withdrawal and Substitution of Counsel and to Compel Attorney to Attend Deposition

No further information atm.

#6

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 23-Jun-2021 17:04:58
#1529 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11587
From: In the village

@thread

court order filing 131

direct link to .pdf for easier reading

Seems like all the filings of the last few weeks are adequately explained in this one doc.

#6

Last edited by number6 on 23-Jun-2021 at 05:36 PM.

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jaokim 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 23-Jun-2021 18:01:20
#1530 ]
Regular Member
Joined: 8-Mar-2003
Posts: 278
From: Sweden

Quote:

number6 wrote:
@thread

Meanwhile, in another corner of the galaxy:

https://twitter.com/amigamagazine/status/1407452211722981386

This sounds like a repeat of Amigapassion/Retropassion, no?

#6


Not to defend AmigaKit per se, but if Amiga Addict wants to have a trademark, perhaps they should know which rules they play by?

I found this after a -quick google-:
Pdf from a patent company, franksco.com

Quote:
If the trade marks registry consider that your mark is similar to an existing registered trade mark, they will automatically send a copy of your application to the owner of that existing registered trade mark.



A notice of threatened opposition is not a formal opposition to your registration, but it is an indication that someone may file an opposition before the end of the extended 3 month opposition period. It gives the interested third party more time to prepare their opposition.
Sometimes, but not always, you may receive a letter from the third party or their legal representative asking you to withdraw your trade mark application, or asking you to limit the goods or services of your application. Receiving such a letter does not commence any formal opposition proceedings at the trade marks registry. Only when a third party files an actual opposition (usually on form TM7) and pays the opposition fee is a formal opposition commenced.

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eliyahu 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 23-Jun-2021 18:49:50
#1531 ]
Super Member
Joined: 3-Mar-2010
Posts: 1958
From: Waterbury, Connecticut (USA)

@jaokim

In what way, shape, or form would 'Amiga Addict' magazine confuse people with AmigaKit, Ltd., a reseller?! That TM7 form is indeed a formal notice, and Matthew should have it withdrawn. Now. Today. Immediately. And issue a groveling apology for overreach on his part.

This is just one instance of a long line of heavy-handed actions trying to extend control over as much of the commercial Amiga space is as legally allowed (or that can be gotten away with). The reaction to this is nearly unanimous, and the bullying must stop forthwith. I guarantee Amiga Addict will pick up more subscribers and Matthew will lose customers. For me it really opened my eyes.

-- eliyahu

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jaokim 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 23-Jun-2021 19:29:33
#1532 ]
Regular Member
Joined: 8-Mar-2003
Posts: 278
From: Sweden

@eliyahu

Not being a lawyer, but they way I understood it, is that this just buys AmigaKit time to look things over.
I mean, in theory, Amiga Addict could have more elaborate plans for their trademark application. Why do they feel a need to have a trademark in the UK, when they cannot understand AmigaKit trying to protect theirs?

Actually, /conspiration mode/, Amiga Addict could very well have this grand master plan to file for a trademark, talk about how bad AmigaKit dealt with it, and then once they get their trademark, start becoming a reseller. “Come buy from Amiga Addict and not evil AmigaKit!”

Weirder things have happened in the amiga world.

/conspiration mode off/

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Trixie 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 23-Jun-2021 20:00:38
#1533 ]
Amiga Developer Team
Joined: 1-Sep-2003
Posts: 2090
From: Czech Republic

@amigakit



Last edited by Trixie on 23-Jun-2021 at 08:01 PM.

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amigadave 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 23-Jun-2021 20:39:46
#1534 ]
Super Member
Joined: 18-Jul-2005
Posts: 1732
From: Lake Shastina, Northern Calif.

@eliyahu

Quote:

eliyahu wrote:
@jaokim

In what way, shape, or form would 'Amiga Addict' magazine confuse people with AmigaKit, Ltd., a reseller?! That TM7 form is indeed a formal notice, and Matthew should have it withdrawn. Now. Today. Immediately. And issue a groveling apology for overreach on his part.

This is just one instance of a long line of heavy-handed actions trying to extend control over as much of the commercial Amiga space is as legally allowed (or that can be gotten away with). The reaction to this is nearly unanimous, and the bullying must stop forthwith. I guarantee Amiga Addict will pick up more subscribers and Matthew will lose customers. For me it really opened my eyes.

-- eliyahu


Sadly, it appears that Matthew has been infected by having direct contact with Ben Hermans and Hyperion Entertainment. I fear that even Trevor is at risk of following Matthew down this road to "Nowhere", as any attempt to gain control of what value remains of the Amiga trademarks and copyrights, is just seen by the community as greed and destructive, to something that clearly should have been abandoned commercially, and Open Sourced, long, long ago. As others have mentioned in many community communication outlets and website forums, the Amiga market is nothing but a "cottage hardware industry" and "bedroom programming for peanuts" niche market. Anyone thinking that they will make more than beer money from this market is foolish. Any person or company who becomes heavy handed in trying to dominate domain names will be hated by the community, so even the small amount of money that might be available through web traffic ads, is a dangerous thing to pursue. I give Trevor just a tiny bit more leeway on this, because he has invested hundreds of thousands of pounds/dollars/euros, in (some would say foolish) attempts to revive the community, by producing hardware, and funding software development. This is money that he will likely NEVER recoup, not even if he can release and sell every Tabor/A1222 system that he has purchased CPU's for.

I also give Mike of Cloanto a pass, because he has methodically attempted to legally purchase all rights to the Amiga IP, copyrights, and trademarks, through buying them, not stealing them, like some other company has done. But even his attempts to bring everything related to Amiga back under control of one company is seen by a large part of the community as a bad thing, motivated by greed and desire for control. Personally, I think having everything back under the control of just one company "Might" be a good thing, but I'll reserve final judgement until after I see what Mike plans to do with it all. I'm really hoping that he is true to his word, and will someday figure out a way to Open Source the Amiga IP. I just don't know how he can afford to spend this kind of money acquiring the IP through this court case, and then later give what he has paid so much to acquire away to the community?

I don't know where this is going to lead, but it certainly is not good for anyone in the Amiga community.

Last edited by amigadave on 23-Jun-2021 at 08:50 PM.
Last edited by amigadave on 23-Jun-2021 at 08:47 PM.

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mbrantley 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 23-Jun-2021 20:54:31
#1535 ]
Cult Member
Joined: 10-Jun-2010
Posts: 559
From: Mobile, Alabama, United States

@AmigaKit

Please leave Amiga Addict alone. Follow the example of Commodore and publications such as Amiga World and others that have used the Amiga name. They all helped the marketplace as a whole, as Amiga Addict and Amiga Future are doing now. Don’t be jerks.

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dan.hutch 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 23-Jun-2021 23:33:00
#1536 ]
Cult Member
Joined: 30-Dec-2004
Posts: 530
From: United Kingdom

@AmigaKit Two questions...

When exactly did you ever produce an Amiga magazine?

What product of yours is called 'Amiga Addict'?

The action AmigaKit are taking action against Amiga Addict is despicable. The magazine is an enterprise driven by enthusiasts and does not compete with anything Amiga Kit do. Perhaps they are worried about Amiga Future magazine sales (a magazine they sell). AK should be grateful for the existence of AA as it surely encourages people to use their Amigas more and in the end buy more stuff.

Oh well, AmigaKit seem determined to alienate the community that keeps them in business. Talk about biting the hand that feeds you. Idiots.

Maybe someone (Amiga Corp?) should go after AmigaKit for their use of the word 'Amiga' for all these years and the money they have made from it.

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dan.hutch 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 24-Jun-2021 0:06:31
#1537 ]
Cult Member
Joined: 30-Dec-2004
Posts: 530
From: United Kingdom

@mbrantley

Quote:
Please leave Amiga Addict alone. Follow the example of Commodore and publications such as Amiga World and others that have used the Amiga name. They all helped the marketplace as a whole, as Amiga Addict and Amiga Future are doing now. Don’t be jerks.


The way I see it AmigaKit are essentially a retailer using the word 'Amiga' in their name to indicate what their products relate to. They do not own the Amiga IP, they are not Commodore or Amiga Inc. Their behaviour in trying to block others from using the word is outrageous and seems selective...

What about AmigaFuture magazine? Why interfere with AmigaAddict (and AmigaPassion before this) but not AmigaFuture or AmigaForever for that matter?

In my mind AmigaAddict/Simulant would have just as much right to use the word 'Amiga' as Matthew Leaman's shop does. I assume neither pay the rights holder the use of the word and the benefit gained from its use.


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A1200 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 24-Jun-2021 0:45:19
#1538 ]
Elite Member
Joined: 5-May-2003
Posts: 3090
From: Westhall, UK

Thanks to my friend David for pointing this Amiga Addict / Amigakit thing out - I had stopped reading this thread a while ago. My opinion, yes silly move by Matthew BUT why does a small magazine want to copyright anything? If I go and produce a magazine of the exact same name and logo, people will buy both. I am a sucker like the rest of you die-hards, anything with the name Amiga and we tend to buy it. Don't see why they needed a trademark for a magazine with what a thousand readers at best?

_________________
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dalek 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 24-Jun-2021 1:14:47
#1539 ]
Member
Joined: 7-Jun-2017
Posts: 15
From: Unknown

@number6

Quote:
court order filing 131 direct link to .pdf for easier reading


Thanks for your continued focus on this. It's great to get the pdfs as I don't have access to their paywall!

Looks like Judge Ricardo is moving things along nicely 👍 After the trial we should crowdfund an A500 for him (with CBM original ROMs) 😂

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amigadave 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 24-Jun-2021 3:10:18
#1540 ]
Super Member
Joined: 18-Jul-2005
Posts: 1732
From: Lake Shastina, Northern Calif.

@dan.hutch

You clearly are not understanding what AmigaKit "Might" be objecting to. Read what others have written about Simulant filing for a Copyright/Trademark in the same category that AmigaKit's copyright/trademark(s) are already registered in. It is not JUST about Amiga Addict's use of the word Amiga, it is because they decided to apply for a Copyright/Trademark to protect their logo and use of the title Amiga Addict, but in a category that possibly they could expand to other uses, if I understand what others have written about this.

This does not mean that I agree with what AmigaKit did. Why didn't Matthew just email or, pick up the phone and call Simulant, before sending this legal notice? Why is sending legal notices the first course of communication (unless Simulant isn't telling us about any previous communications to them from AmigaKit)?

Last edited by amigadave on 24-Jun-2021 at 03:36 AM.
Last edited by amigadave on 24-Jun-2021 at 03:34 AM.
Last edited by amigadave on 24-Jun-2021 at 03:33 AM.

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