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      /  Amiga Inc. Loses U.S. Trademarks
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PosterThread
number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 15-Sep-2024 1:49:55
#1661 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11662
From: In the village

@thread

In addition to the remarks prior about the AmigaOne trademark, uspto has now sent out a SUSPENSION INQUIRY to Hyperion's trademark attorney regarding the AmigaOS trademark.

Pretty standard.

Source

#6

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agami 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 15-Sep-2024 6:19:58
#1662 ]
Super Member
Joined: 30-Jun-2008
Posts: 1897
From: Melbourne, Australia

@number6

Quote:
number6 wrote:
@thread

In addition to the remarks prior about the AmigaOne trademark, uspto has now sent out a SUSPENSION INQUIRY to Hyperion's trademark attorney regarding the AmigaOS trademark.

Pretty standard.

#6

But should it be?

Things like this pile on to the mountain of reasons why I am in favour of a complete overhaul of IP law, specifically as it pertains to trademarks, copyright, and patents.

Ben/Hyperion are essentially squatters. We need a tighter use-it-or-loose-it law that allows others to move ahead, as an incentive for these snoozers. And it can't be some token miniscule change. Either it is bringing in net profits (delivering value), or it's anti-competitive behavior.

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All the way, with 68k

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Kronos 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 15-Sep-2024 6:44:14
#1663 ]
Elite Member
Joined: 8-Mar-2003
Posts: 2713
From: Unknown

@agami

I'm sure noone would consider me having any sympathy for the guy, but that would be a really bad idea just asking to be abused by big corps.

Proceedings would need to be much faster and result in a real verdict instead of these vague "agreements" that will only prep the next wave of BS lawsuits.

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NutsAboutAmiga 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 15-Sep-2024 7:20:37
#1664 ]
Elite Member
Joined: 9-Jun-2004
Posts: 12960
From: Norway

@agami

Yep, its confusing,

Amiga Inc now being a paper company. With no actual product anymore.
Hyperion only use the AmigaOS mark.
and its partners using the AmigaONE marks.

Last edited by NutsAboutAmiga on 15-Sep-2024 at 07:30 AM.

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V8 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 15-Sep-2024 7:53:17
#1665 ]
Regular Member
Joined: 30-Mar-2022
Posts: 138
From: Unknown

@NutsAboutAmiga

It is not confusing. It is just a corrupted mess, but this is what the OS4 people wanted and they got it, so celebrate you got what you wanted, you won.

Here you have your OS4, forever controlled by Hyperion and Ben. Like you wanted.
This is what you wanted, this is what you got, this is what you deserve.

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NutsAboutAmiga 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 15-Sep-2024 9:21:11
#1666 ]
Elite Member
Joined: 9-Jun-2004
Posts: 12960
From: Norway

@V8

Let’s hope someone can resurrect the Snow Man Maker for the winter holidays.

Last edited by NutsAboutAmiga on 15-Sep-2024 at 09:26 AM.

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pavlor 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 15-Sep-2024 9:22:36
#1667 ]
Elite Member
Joined: 10-Jul-2005
Posts: 9660
From: Unknown

@V8

If Amiga users did something productive instead of attacking each other, our platform would be in a much better state.

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 15-Sep-2024 19:03:09
#1668 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11662
From: In the village

@thread

I watched an interview with Senior Judge Ricardo S. Martinez yesterday.
Not that this is the blame for all the delays, but King County (his court) was the 1st to shut down in the U.S. You might recall the 1st cases in the pandemic originated in King County. I've mentioned before that this court even placed ads to reboot lost staff. This included appeals for judges and magistrates.
I don't believe it's a stretch to say the entire world legal system is still in the process of catching up with their backlogs.

When you add this factor to what you already see as delays due to policy and how so many delays can be manufactured by attorneys themselves (constant filing of motions etc.), the fact this is all taking so long is readily apparent.

Case in point. Although I have mentioned not seeing activity concerning the appeal by Cloanto etal, there is at least one listing of the activities on that front from Justia. This link should back up what I have stated prior about delays.

case #23-35315

#6

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pavlor 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 15-Sep-2024 19:07:32
#1669 ]
Elite Member
Joined: 10-Jul-2005
Posts: 9660
From: Unknown

@number6

Well, my country has so slow legal system, one can't regognize a difference pre-covid and post-covid.

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matthey 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 15-Sep-2024 19:40:28
#1670 ]
Elite Member
Joined: 14-Mar-2007
Posts: 2451
From: Kansas

NutsAboutAmiga Quote:

Yep, its confusing,

Amiga Inc now being a paper company. With no actual product anymore.
Hyperion only use the AmigaOS mark.
and its partners using the AmigaONE marks.


Amiga Inc. was is a state of stasis except when Hyperion woke them up with threats of more lawsuits. They have become irrelevant as a participant in the Amiga situation since the Amiga IP was sold. Amiga Corporation has become a retro CBM/Amiga IP bank for now but could become more than a "paper company". Hyperion is mostly a "paper company" as well right now. Most of their software development is contracted out and not performed at Hyperion offices. They do have a software distribution business but they are tiny compared to Retro Games Limited distributor Koch Media.

https://press.kochmedia.com/THEA500-Mini-is-Out-Now

Amiga IP Licensing is important for Amiga Corporation, Hyperion and A-Eon. Hyperion and A-Eon use the Boing Ball logo as well as AmigaOS.





Amiga Corporation needs to use "AmigaOS" too and possibly could if they interpreted the 2009 settlement agreement as liberally as Hyperion does. As I recall but wasn't entirely clear, the more recent settlement agreement with Hyperion would have allowed non-exclusive (shared) use of "AmigaOS" and the Boing Ball logo (already non-exclusive license) by Hyperion and Hyperion ownership of PPC AmigaOS 4 but Hyperion backed out because they would have had to give up their claim and profits from the 68k AmigaOS where the developers were not paid resulting in a very high profit margin (I believe 68k AmigaOS 3.x would have been a free release for everyone). This was a very generous and reasonable compromise for Hyperion but the problem is they had become financially dependent on the 68k AmigaOS to survive. Hyperion can't survive with AmigaOS 4, AmigaOne and the Boing Ball because the market is too small. A-Eon is dependent on AmigaOS 4 and Amiga IP sub-licensing but Ben has burned that lifeline before. It's probably too late for Hyperion to make a big deal with A-Eon after Ben was caught creating a new Hyperion shell business to transfer assets to before declaring bankruptcy of the debt ridden old Hyperion. It looks like Ben was all in with his last bet and can only delay the inevitability of his exit from the Amiga picture. I believe Amiga Corporation walks away with all the chips. A-Eon may be able to license everything from Amiga Corporation if Trevor wants to keep subsidizing Amiga1 hardware for his fantasy. Even retro/hobby 68k Amiga hardware like the RPi would soon make Amiga1 hardware look pathetic though. AmigaOS 4 should be useful to continue to enhance the 68k AmigaOS and maybe even create a better next generation AmigaOS with 64-bit support, SMP, better process isolation, better security, etc.

Last edited by matthey on 15-Sep-2024 at 08:53 PM.

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