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/  Forum Index
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      /  Amiga Inc. Loses U.S. Trademarks
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PosterThread
number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 23-Oct-2017 15:34:06
#261 ]
Elite Member
Joined: 25-Mar-2005
Posts: 10089
From: In the village

@thread

Although the following changes were not present when I checked Hyperion's euipo trademark filings through the opposition period, I now see changes.

Perhaps the changes were triggered now because of the notices sent which I quoted before:
Quote:
commencement of proceedings to the opposing party


Regardless of what triggered the changes, here they are:

All 3 of Hyperion's euipo filings (Workbench, AmigaOS, AmigaForever) had formerly held entries under the "priority" section (Benelux) that read "accepted".

an example

Today I notice that all 3 of the Hyperion's euipo filings now read "claimed".

Any additional info and/or corrections to what I have posted are welcome.

info about seniority and Benelux filings that might apply

#6

Last edited by number6 on 23-Oct-2017 at 04:06 PM.

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 24-Oct-2017 16:15:42
#262 ]
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Joined: 25-Mar-2005
Posts: 10089
From: In the village

@thread

Just a brief review of some important dates coming up the week after Amiga32:

On or about November 4, 2017, for Hyperion's filings for trademarks in the U.S. (uspto), which include "AmigaOS", "AmigaOne", and the "Image Trademark (Boing Ball):

Quote:
STRICT DEADLINE TO RESPOND TO THIS LETTER
TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW. A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.

ISSUE/MAILING DATE: 5/4/2017



Fixed date of November 5, 2017:
Itec LLC deadline to file objection to Cloanto's U.S. (uspto) filing for "Amiga"

#6

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 26-Oct-2017 15:17:44
#263 ]
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From: In the village

@thread

Re:Heinz-Alexander Drews filing for Amiga trademark

now registered and trademark opposition period is running

#6

Last edited by number6 on 26-Oct-2017 at 03:24 PM.

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Trixie 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 26-Oct-2017 21:22:57
#264 ]
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Joined: 1-Sep-2003
Posts: 1627
From: Czech Republic

@number6

Quote:
Heinz-Alexander Drews filing for Amiga trademark

Looks like we have finally reached the state when every Tom, Dick and Harry can apply for the Amiga trademark. I had better tell my mum to hurry up with her filing.

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TRIPOS 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 26-Oct-2017 23:35:40
#265 ]
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Joined: 4-Apr-2014
Posts: 888
From: Unknown

@number6

Quote:
number6 wrote:

Today I notice that all 3 of the Hyperion's euipo filings now read "claimed".

Any additional info and/or corrections to what I have posted are welcome.

#6



When you register a trademark in one jurisdiction you can claim priority in other jurisdictions based on the date of filing of your original application. If granted it means that your subsequent applications will be considered to be filed at the same date as the original one. That’s all.

Ben Hermans tactics is to first register in a small jurisdiction that nobody really cares about (an EU registration should overtrump) in which it is much quicker and easier to get a trademark registered, and use “priority claim” to try to get a more favorable date in the EU process.

With this in mind, it is very peculiar how Ben Hermans managed to get an application for the “Workbench” trademark in just a few days before Cloanto. Cloanto filed that trademark in the US, was it 2005? Or 2006? And it has been registered since at least 2011, and nobody cared. Nobody did anything. But when Cloanto filed to expand this trademark (not a new registration per se) to EU, then Ben Hermans had filed a Benelux application (with priority claim) with almost slightest possible time margin ahead of Cloanto, during christmas/new years holiday seasons! And this was days before any other “trademark happenings” took place (it was the first stone thrown). Very peculiar indeed. Almost as if someone could predict the future! Or knew someone in the small, familiar Benelux bureaucracy to call in a favor from to backdate the application just a couple of days...

Last edited by TRIPOS on 26-Oct-2017 at 11:36 PM.

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TRIPOS 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 26-Oct-2017 23:51:48
#266 ]
Cult Member
Joined: 4-Apr-2014
Posts: 888
From: Unknown

@number6

Quote:

number6 wrote:

Just a brief review of some important dates coming up the week after Amiga32:

On or about November 4, 2017, for Hyperion's filings for trademarks in the U.S. (uspto), which include "AmigaOS", "AmigaOne", and the "Image Trademark (Boing Ball):


Those never even reached a publication state befor being rejected, right? Lost cause...


Quote:
Fixed date of November 5, 2017:
Itec LLC deadline to file objection to Cloanto's U.S. (uspto) filing for "Amiga"


Personally, I find your hang-up on Itec a little odd. It iwas Amiga Inc (a different entity) that was the owner of the trademark. They let it go, Cloanto picked it up.

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TRIPOS 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 26-Oct-2017 23:56:10
#267 ]
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Joined: 4-Apr-2014
Posts: 888
From: Unknown

@Trixie

Quote:

Trixie wrote:
@number6

Quote:
Heinz-Alexander Drews filing for Amiga trademark

Looks like we have finally reached the state when every Tom, Dick and Harry can apply for the Amiga trademark. I had better tell my mum to hurry up with her filing.


Indeed anyone can apply for anything...

As an example of an application that actually resulted in a done registration, we have the Cloanto UK Amiga trademark...

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 27-Oct-2017 15:05:39
#268 ]
Elite Member
Joined: 25-Mar-2005
Posts: 10089
From: In the village

@TRIPOS

Quote:
Those never even reached a publication state befor being rejected, right? Lost cause...


That is not necessarily true.

Reasons given in the direct links to each filing

Since the only reason the Boing Ball was rejected was failure to sign, I don't see why a response from Hyperion by the due date would not solve that one in particular.

Quote:
Personally, I find your hang-up on Itec a little odd. It iwas Amiga Inc (a different entity) that was the owner of the trademark. They let it go, Cloanto picked it up.


No.

Source

Lawyers for Reed Smith on behalf of Itec LLC (Pentti Kouri's estate) filed for the extension for opposition after they either...
(1)discovered the former deadline to oppose on their own or
(2)were informed by Ben Hermans (as indicated by Jorit2 on this site as what the settlement agreement actually stated)
Evert to Ben

We've discussed all the details on how this came to happen in this thread.
So, why are you convinced this has anything to do with Amiga Inc.?
Darren B. Cohen was attorney for Amiga Inc. It is not he who filed the objection.

I'm not predicting (by my response here) what this means or how things will turn out. I'm just trying to stick with the official documents and what THEY indicate at any given point in time.

#6

Last edited by number6 on 27-Oct-2017 at 03:32 PM.
Last edited by number6 on 27-Oct-2017 at 03:14 PM.
Last edited by number6 on 27-Oct-2017 at 03:08 PM.

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TRIPOS 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 31-Oct-2017 13:50:55
#269 ]
Cult Member
Joined: 4-Apr-2014
Posts: 888
From: Unknown

@number6

Quote:

number6 wrote:
@TRIPOS

Quote:
Those never even reached a publication state befor being rejected, right? Lost cause...


That is not necessarily true.

Reasons given in the direct links to each filing


Your link shows many examples where their applications for Servicemarks (!!!) clashed with existing trademarks. Again, never even reached opposition state, and as I said in Post #46, those applications are for Servicemarks and not for Trademarks (and never, ever has the "AmigaOne" for example been marketed as a service, there is no track record of this whatsoever, and how could it be since it's not a service by any definition?).

Again, I'd be very surprised if we will see anything more about these...


Quote:
Quote:
Personally, I find your hang-up on Itec a little odd. It iwas Amiga Inc (a different entity) that was the owner of the trademark. They let it go, Cloanto picked it up.


No.

Source

Lawyers for Reed Smith on behalf of Itec LLC (Pentti Kouri's estate) filed for the extension for opposition after they either...
(1)discovered the former deadline to oppose on their own or
(2)were informed by Ben Hermans (as indicated by Jorit2 on this site as what the settlement agreement actually stated)
Evert to Ben

We've discussed all the details on how this came to happen in this thread.


It's all Ben Hermans throwing dirt in the eyes, trying to create a picture of an opposition more solid than his own words (his words means very little since Hyperion has never owned the IP in question and they are relatively new in doing business based on the Amiga trademark compared to Cloanto).

Desperate smoke and mirrors charade from someone entering the game way later than his opponent, in a game where being first on the ball means everything.


Quote:
So, why are you convinced this has anything to do with Amiga Inc.?


Because Amiga Inc was the registered owner of the mark, no-one else.

(Are you kidding me?)


Quote:
Darren B. Cohen was attorney for Amiga Inc. It is not he who filed the objection.


Exactly!


Quote:
I'm not predicting (by my response here) what this means or how things will turn out. I'm just trying to stick with the official documents and what THEY indicate at any given point in time.


Anyone can file for anything, and anyone could oppose anything. Just because "there are documents" doesn't mean they mean they have any bearing whatsoever. Ben Hermans could have told The Coca Cola company to file some documents in this case as well. Which wouldn't ave meant a thing in the end.

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 31-Oct-2017 14:38:22
#270 ]
Elite Member
Joined: 25-Mar-2005
Posts: 10089
From: In the village

@TRIPOS

Quote:
Again, I'd be very surprised if we will see anything more about these...


And I'm not in disagreement. I'm simply stating that the boingball presents less of an issue, if you strictly follow the documents from uspto.

Me:
Quote:
Darren B. Cohen was attorney for Amiga Inc. It is not he who filed the objection.


You:
Quote:
Exactly!


So, you DO agree that this has nothing to do with Amiga Inc. and their attorney. hence my "not he".
Now we're making some headway.
I believe part of your and my discrepancy here has more to do with who one believes IS or WAS Amiga Inc. Regardless of your belief, I'm sticking with who filed the potential objections.

It is my understanding that one has to be granted the right to defend by uspto.
Let's wait to see who gets granted that right. My money is on Itec LLC.
That "granted" right does not mean that they "will" defend either.

#6

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 4-Nov-2017 13:23:54
#271 ]
Elite Member
Joined: 25-Mar-2005
Posts: 10089
From: In the village

@thread

Re:
Itec LLC potential opposition to Cloanto's uspto filing for Amiga

Apparently the links I posted here (and have since deleted) changed when the opposition from Hyperion was entered.

Itec opposition (click at right to view the different docs)

#6

Last edited by number6 on 06-Nov-2017 at 11:29 PM.
Last edited by number6 on 04-Nov-2017 at 01:27 PM.

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 4-Nov-2017 15:21:40
#272 ]
Elite Member
Joined: 25-Mar-2005
Posts: 10089
From: In the village

@thread

Lest we forget what this is really all about :

Law firm (Reed Smith) seeks $3M for work on bankrupt billionaire’s estate

hmm...I see no mention of Lu Pat NG. I guess he's out his million, eh?

Source

#6

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ne_one 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 4-Nov-2017 20:16:15
#273 ]
Cult Member
Joined: 13-Jun-2005
Posts: 764
From: Unknown

@number6

Perhaps it's obvious but who maintains the referenced "Source" page?

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hatschi 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 5-Nov-2017 14:00:45
#274 ]
Elite Member
Joined: 1-Dec-2005
Posts: 2321
From: Good old Europe.

@ne_one

Quote:
ne_one wrote:
@number6

Perhaps it's obvious but who maintains the referenced "Source" page?


Patrick Buchholz.

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 5-Nov-2017 14:13:42
#275 ]
Elite Member
Joined: 25-Mar-2005
Posts: 10089
From: In the village

@hatschi

Long time no see. How are you doing?

I have newly recorded information as well on the 3 uspto Hyperion filings, which I'll list with the spelling used in the "literal element" category:

AMIGAOS

AMIGAONE

This one is creating an error atm, but is the link for the BoingBall

#6

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Rob 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 5-Nov-2017 16:38:13
#276 ]
Elite Member
Joined: 20-Mar-2003
Posts: 5648
From: S.Wales

@hatschi

Crikey O'Reilly! Haven't seen you round here for years.

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ne_one 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 5-Nov-2017 19:21:09
#277 ]
Cult Member
Joined: 13-Jun-2005
Posts: 764
From: Unknown

@hatschi

Thanks.

That's the most comprehensive and painful summary of the Amino era that I've ever come across.

Perhaps some of the intentions were good but it appears that much of this amounted to nothing more than a shell game.

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 6-Nov-2017 18:24:02
#278 ]
Elite Member
Joined: 25-Mar-2005
Posts: 10089
From: In the village

@thread

Re: Hyperion Entertainment C.V.B.A. potential opposition to Cloanto's uspto filing for Amiga

Official notice of opposition:
Source

Conference, Discovery, Disclosure, and Trial schedule is now available:
Source

#6

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IanP 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 6-Nov-2017 19:41:30
#279 ]
Member
Joined: 27-Mar-2008
Posts: 88
From: Unknown

@number6

So the US Amiga trademark dispute could drag on well into 2019 unless there is an "Accelerated Case Resolution". Not good for parties wanting to licence the "Amiga" name for products like the rumoured Amiga mini.

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jorit2 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 6-Nov-2017 19:48:46
#280 ]
Regular Member
Joined: 22-Apr-2011
Posts: 213
From: Unknown

@number6

Quote:

number6 wrote:
@thread

Re: Hyperion Entertainment C.V.B.A. potential opposition to Cloanto's uspto filing for Amiga

Official notice of opposition:
Source

Conference, Discovery, Disclosure, and Trial schedule is now available:
Source

#6



Thanks for an hilarious read

Evert

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