@amigang

I recommend Cracker Jacks in this case.

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@number6

Apparently I never followed up on post #1656 about the now unsealed documents.

Much history here, emails, receipts, etc.

Edit: corrected post# reference

#6

Last edited by number6 on 04-Apr-2023 at 02:45 PM.

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@number6

I was just wondering where we are up to with all this, I know one court case was solved and won by Hyperion, what’s happening with the other one. Any updates, any timeline of when this will get moving again?

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@amigang

Still F all happenig from them https://amiga.com/

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RPi3 Emulating C64 ZX Atari PS BBC
Wii with Amiga emulation
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@amigang

Actually, no. The initial case ruling was appealed.

So, until the appeal is dealt with by the 9th circuit court of appeals, we can't even move on to discussing the other case. A status report was filed June 13, 2023 and nothing new since then.

#6

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@number6

Justice might be blind, but she is often also r e a l l y slow.

Last edited by agami on 18-Jan-2024 at 10:45 PM.

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@number6

Quote:

@Rose The lawyer count depends on whether you count lawfirms or lawyers. There were 3 attorneys at Lee & Hayes. They filed Mar 16, 2020 Notice of withdrawal of counsel. Replaced same day by Eric Harrison, who filed Jun 16, 2021 Notice of withdrawal of counsel. Then just prior to that we have the 2 new attorneys Jun 13, 2021 filing for Notice of appearance. Since there was legal activity in both Belgium and Delaware, it's likely that would be 2 others. So that's 8...and I may have undercounted because of the 2 other related lawsuits and any other unrecorded events. Checked original case in New York State, where this began, so add another 1 lawfirm or 3 attorneys to the total.

My apologies to Rose. I seem to have drastically undercounted.

According to Amiga Documerts recent added text:

Quote:

William A. Kinsel, PLLC of Seattle, WA (2007-2009) Moritt Hock Hamroff & Horowitz LLP of Garden City, NY (2009) RatnerPrestia, PC of King of Prussia, PA (2017-2023) Sullivan Hazeltine Allinson LLC of Wilmington, DE (2017-2021) Perkins Coie LLP of Seattle, WA (2017) Barclay Damon LLP of Syracuse, NY (2018) Lee & Hayes, PLLC of Spokane, WA (2018-2020) Attorney West Seattle, PS of Seattle, WA (2020-2021) Lowe Graham Jones PLLC of Seattle, WA (2021 and 2023-2024) Bamert Regan PLLC of Seattle, WA (2021-2023) Some of the above firms are reported to have withdrawn from the case due to unpaid bills. Additionally, and in breach of the 2009 Settlement Agreement [138] where such conduct is defined as a "Hyperion Prohibited Action", in 2016 Hyperion Entertainment started engaging multiple European law firms to try to register for itself the marks of its Amiga competitors: Monard Law of Brussels, Belgium [258][259] Nele Somers of Antwerp, Belgium [319] TMark Conseils of Paris, France Dr. Kunz-Hallstein Rechtsanwälte of Munich, Germany Krystyna Żurawska of Warsaw, Poland De Simone & Partners Srl of Rome, Italy Ignacio Temiño Ceniceros of Madrid, Spain

#6

Last edited by number6 on 16-Apr-2024 at 11:56 PM.
Last edited by number6 on 16-Apr-2024 at 11:34 PM.

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@thread

Apologies in advance for my -not- attempting to find an appropriate thread dealing with the following trademark. Therefore I'll place this here in the general "catch all" thread concerning legal activities between Cloanto Corporation/Amiga Corporation and Hyperion Entertainment C.V.B.A.

There has been little to no news concerning the appeal to the 9th circuit court of appeals.
However, avid readers may recall that on certain defined dates by uspto, status updates of the "cases" needed to be sent to uspto. Any court decision would facilitate achieving final decision regarding certain trademark filings and their corresponding opposition filings.

In that category we do have a filing (update) about 2 weeks ago from uspto. Again, avid readers will recall that in 2021 an opposition was filed by Cloanto Corporation/Amiga Corporation against Hyperion C.V.B.A.'s filing for the "Amigaone" trademark with the uspto.

March 28, 2024 all parties were to file lawsuit update to uspto. No response was received and therefore new schedule (trial dates) have been reset.

Supporting documentation from August 12, 2024

#6

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@number6

2026
https://tinyurl.com/2p8dmucp

ai song, lol
https://suno.com/song/73802425-3fbc-4cd7-bf76-4fd4a6003297

yes I still having too much fun with Ai, by the time this is solved ai will likely write me a new Amiga OS to enjoy :)

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@amigang

Nice post but Nah. AI will be long obsolete by then.

But seriously, neither side responding to official correspondence might indicate a certain lack of caring at this point. However, I have seen late responses to official correspondence filed before.

Also interesting to note the government is as always working as a well oiled machine responding in August to a past due date from April. (evil grin)

Another thought. The court declared reopening of bankruptcy proceedings and assigned curator for Ben Hermans B.V. occurred the week prior to the March 28, 2024 date shown on the uspto document.
It is *possible* Hyperion was in no legal position to even respond given the assignment of the curator.

#6

Last edited by number6 on 27-Aug-2024 at 05:50 PM.
Last edited by number6 on 27-Aug-2024 at 05:24 PM.

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@BigD

Quote:

BigD wrote: @number6 Does it even matter anymore? What are we fighting over? The right to open source AmigaOS? What difference would that actually make? I fail to see what AmigaOS3.2 has brought to the table in terms of new apps and functionality. Open Source would provide more of the same with less direction and guidance presumably and more different distro flavours? I'd probably still use OS3.9 even after all of that! THEA500 Mini, Vampires etc have all been possible without the official IP so I repeat, "What difference would a win either way make?" ?????????????????

THEA500 Mini has licensed Amiga Kickstart ROMs. https://retrogames.biz/legal/

"Amiga ROMs © 1985–1993 Cloanto Corporation. All Rights Reserved. Furnished under license from Cloanto® Corporation."

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@Hammer

OK, but those ROMs can only be used for a 'Games Console' not a computer! Also, the Amiga branding was not used! Quite restrictive but soft mods have forged ahead and added computer functionality back in!! AmigaKit have pushed on with open source AROS and an agreement to use JST for WHDLoad compatibility. The court case doesn't affect any of this!

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@BigD

Cloanto has license for emulation. So amiga mini f.e. is emulation in my view

@thread

News articles on the status of the "Amigaone" trademark at uspto.

Amiganews (German)

Amiganews (English)

#6

Added: I note a German comment about the dates, so I'll repeat:

I have seen updates concerning filings made after due dates before, plus I have seen court schedules changed to reflect a changed status. I therefore do not consider this information about "dates" absolute until further documentation is filed and recorded.

In addition, I've seen errors made by paralegals prior, which is another reason to wait for any update or correction, since this late notice is so recent.

In addition, as I stated, the appointment of a curator for Ben Hermans B.V. Predates the sending of this notice. This might mean that further action on the Amigaone trademark is in the hands of the curator.

Yeah, this can get complicated.

#6

Last edited by number6 on 28-Aug-2024 at 01:10 PM.
Last edited by number6 on 28-Aug-2024 at 01:04 PM.
Last edited by number6 on 28-Aug-2024 at 12:44 PM.

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@BigD

Quote:

AmigaKit have pushed on with open source AROS

AnigaKit intend to replace AROS with their own proprietary code.

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@BigD

Quote:

BigD wrote: @Hammer OK, but those ROMs can only be used for a 'Games Console' not a computer! Also, the Amiga branding was not used! Quite restrictive but soft mods have forged ahead and added computer functionality back in!! AmigaKit have pushed on with open source AROS and an agreement to use JST for WHDLoad compatibility. The court case doesn't affect any of this!

That's changing goal post. Fact: TheA500mini includes licensed Amiga ROM.

Some Amiga games needs active AmigaOS when they are compatible with a hard disk install.

TheA500Mini supports USB keyboard.

TheA500Mini also uses WHDload from WHD Llc.

https://drive.google.com/file/d/1SD6AsDUWG3B6X_AfmDxqihO-uNPJH6Y-/edit?pli=1
Shown from TheA500Mini''s user manual, Workbench 1.x's GUI "look and feel" was used for TheA500Mini's configuration GUI.

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@OlafS25

Cloanto is licensed to sell physical Amiga Kickstart 3.X ROM for C= Amiga hardware e.g. https://retroready.one/products/kickstart-rom-3-1-cloanto-licensed-40-063-amiga-500-500plus-600-2000

Before AmigaOS 3.1.4's Kickstart ROM, I purchased Cloanto's physical Kickstart 3.X ROM for A500 and A1200 during the COVID19 lockdown.

My A500 rev6 motherboard and A1200 are purchased during the COVID19 lockdown. I gutted my school friend's abandon A500 rev5 since I sold my A3000 (AmigaOS 3.1+ECS level) in 1996 which is traded from my 1st A500 rev6 in early 1992. I replaced non-ECS Denise and Agnus for ECS variants.

The main reason for Kickstart 3.X ROM is for 64-bit hard disk support beyond 4GB. I used Cloanto's "Workbench 3.X".

Mike Battilana is a director for Cloanto and the current Amiga Corporation.

Last edited by Hammer on 29-Aug-2024 at 05:33 AM.

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----Just a completely off topic question, one for maybe a webmaster----

how come on the site it say this thread goes to page 85, but when you click on it nothing there and were back at page 83.

What is the maximum pages for a thread and should we make a part two to this thread, but I kinda like it all being in one massive thread!

Also is this the longest thread on this site?

Last edited by amigang on 29-Aug-2024 at 10:20 AM.

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@amigang

That is because pagination is is not calculated correctly.

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@amigang

Because posts have been removed, but the paging calculation isn’t done on current number of posts but rather the “post number� of the last posting. It’s been discussed before, apparently little/nothing will be done.

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