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number6
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Re: Cloanto acquire Amiga Inc Trademark Posted on 7-Dec-2017 17:00:36
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Elite Member  |
Joined: 25-Mar-2005 Posts: 11663
From: In the village | | |
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| @thread
Just curious.
Anyone know when Cloanto added "Amiga" to its lists of trademarks on their legal page?
Source
All I could find was an older press release without it.
#6
_________________ This posting, in its entirety, represents solely the perspective of the author. *Secrecy has served us so well* |
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Birbo
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Re: Cloanto acquire Amiga Inc Trademark Posted on 14-Dec-2017 15:00:25
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Cult Member  |
Joined: 5-Apr-2007 Posts: 602
From: Zurich, Switzerland | | |
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| www.amiga.com gone?
_________________ Sometimes we give people a lot of credit just because they're writing nice sentences even if it isn't adding up to much. |
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number6
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Re: Cloanto acquire Amiga Inc Trademark Posted on 14-Dec-2017 15:35:04
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Joined: 25-Mar-2005 Posts: 11663
From: In the village | | |
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| @Birbo
It has looked like that for over 2 months now.
#6 _________________ This posting, in its entirety, represents solely the perspective of the author. *Secrecy has served us so well* |
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number6
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Re: Cloanto acquire Amiga Inc Trademark Posted on 18-Dec-2017 15:22:55
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Elite Member  |
Joined: 25-Mar-2005 Posts: 11663
From: In the village | | |
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| @thread
I've wrestled for some time as to whether to link to posts from one of Hyperion's directors... Given that it might offer some insight as to why the filings in this thread are being made, and given that it IS public information (just not in english), I've decided to post it.
thread topic changes in post #2 and continues on
You'll need google translate to get the drift, and any additions/clarifications to this on AW are certainly welcome.
#6
_________________ This posting, in its entirety, represents solely the perspective of the author. *Secrecy has served us so well* |
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TRIPOS
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Re: Cloanto acquire Amiga Inc Trademark Posted on 18-Dec-2017 20:08:41
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Super Member  |
Joined: 4-Apr-2014 Posts: 1205
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TRIPOS
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Re: Cloanto acquire Amiga Inc Trademark Posted on 18-Dec-2017 20:09:30
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Joined: 4-Apr-2014 Posts: 1205
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TRIPOS
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Re: Cloanto acquire Amiga Inc Trademark Posted on 18-Dec-2017 20:10:14
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Super Member  |
Joined: 4-Apr-2014 Posts: 1205
From: Unknown | | |
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| @persia
Quote:
persia wrote: So what is the status of the Amiga trademark of computers? I can find Cloanto, which is live In the US and Hyperion on live in the UK and pretty much up for grabs in th rest of the World. So what does that mean for the use of the name?
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In practice, it's the US and EU jurisdictions that matters. Especially in Europe, the EU overtrump the smaller national jurisdictions.
Cloanto's "Amiga" is as you say live in the US, they are the registered owner (and they have it live in the UK too, which they are using to claim priority in their EU registration and Germany registration). There are no other owners of the Amiga trademark in the US. Especially, Amiga Inc is *explicitly not*.
Cloanto are also the legal (registered!) owners of the copyrighted materials that the trademark has been used for since 1985 (registered in 1986).
Talk to Cloanto about the Amiga trademark. Nobody in the world owns it more than them... |
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TRIPOS
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Re: Cloanto acquire Amiga Inc Trademark Posted on 18-Dec-2017 20:10:34
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Joined: 4-Apr-2014 Posts: 1205
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TRIPOS
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Re: Cloanto acquire Amiga Inc Trademark Posted on 18-Dec-2017 20:11:08
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Super Member  |
Joined: 4-Apr-2014 Posts: 1205
From: Unknown | | |
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| @spud101
Quote:
spud101 wrote: @HyperionHolding
Why don't you guys create a foundation together, e.g. Hyperion, A-EON, Cloanto, Individual, etc... and have the foundation buy the trademarks and maybe even the IPR and use it for all of you. |
Did you miss this?
A Discourse on Possible Amiga Futures
Please read the two first posts, especially the quote in the second.
Then you can read/view those 3 presentations that follows as well...  |
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Rob
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Re: Cloanto acquire Amiga Inc Trademark Posted on 19-Dec-2017 0:04:35
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Elite Member  |
Joined: 20-Mar-2003 Posts: 6395
From: S.Wales | | |
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| @TRIPOS
Your info-graphic omits a number of key dates on Hyperion's timeline.
1. December 2012. Amigakit start producing and selling 3.1 ROMs under license from Hyperion.
2. March 2013. Individual Computers sign a deal with Hyperion to supply 1.3 and 3.1 ROMs with their hardware products.
3. July 2017. Hyperion revokes Amigakit's license to produce and sell 3.1 ROMs.
4. October 2017. Hyperion reveal work on further updates to OS3.1. |
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TRIPOS
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Re: Cloanto acquire Amiga Inc Trademark Posted on 19-Dec-2017 1:44:13
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Super Member  |
Joined: 4-Apr-2014 Posts: 1205
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| @Rob
Those are not at all key in this context.
The graphics was mostly intended to show first time use of trademarks up till 2017, not everything that happened and all kinds of releases in between.
How long you have used a trademark in practice for real products serves as a base for any claims of it. You see Ben Hermans try to do just that with ”AmigaOS” and ”AmigaOne” in his opposition. But Cloanto’s use of ”Amiga Forever” reaches two years before Hyperion even existed as a corporation, and SEVEN years prior to Hyperion’s first use of the trademark on a product at the market. Plus Cloanto de-facto has the trademark registered now. Amiga Inc (who ”licensed” it to Hyperion) doesn’t have it anymore. Not much to argue about really.
Your points on the other hand are about copyright issues. Cloanto owns the copyright. One thing differs from trademarks and copyrights: trademark infringements must be dealt with quickly, otherwise it might cause you to de-facto lose your right to it. Copyright infringements can be dealt with the same way (legally) but you can also chose not to do it (right now) without this meaning you lose your copyright, nor will you lose your right to come back and raise hell at a later point, should you want to.

Cloanto owns the copyright to the OS here pictured as the ”Checkmark Branch” (the copyright is formally registered). Olaf ”Olsen” Barthel’s ”Boing Ball Branch” builds on the Cloanto sources (ported/rewritten/cleaned). He has copyright for his work, but make no mistake, as Cloanto owns the copyrighted material that was base for the ”Boing Ball Branch”, they are also a direct stakeholder in the ”Boing Ball Branch” as well, they have shared copyright!
Point 1 happened at a time when not all knew about Cloanto’s copyright ownership, but point 3 took it out, so it’s gone. Doesn’t matter, Cloanto is already granting the same kind of licenses. Point 2 the same as 1, Individual Computer didn’t know better at the time. But nothing has come out of it yet, so no harm done, simply ask Cloanto instead. The name ”Commodore Amiga 1200 Reloaded” doesn’t sound bad at all, maybe even with an optional ”Forever” suffix together with All OS’s, All documentation, extra bells and whistles? Could increase value for the product?
Point 4 hasn’t happened yet, just talk, but it surely does raise the question to why someone like Olsen is hanging with someone like Hermans? Doesn’t he know better? Or is he in on the scheme? Ben Hermans is building castles in the air, based on promises from Amiga Inc of right to use property that not even Amiga Inc themselve own or control! Amiga Inc had to get an IP license themselves from Cloanto for exactly that property, true story!
Castles in the air... |
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SimplePPC
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Re: Cloanto acquire Amiga Inc Trademark Posted on 19-Dec-2017 11:57:09
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Regular Member  |
Joined: 9-Mar-2003 Posts: 109
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| @Rob
For clarity
3. July 2017. Hyperion revokes Amigakit's license to produce and sell 3.1 ROMs.
This is wrong, what we did was stop selling the older ROM's to anyone and start offering updated ROM's to all dealers.
So AmigaKit can still order / burn and sell the updated ROM's don't worry :)
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number6
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Re: Cloanto acquire Amiga Inc Trademark Posted on 19-Dec-2017 14:02:52
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Elite Member  |
Joined: 25-Mar-2005 Posts: 11663
From: In the village | | |
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| @SimplePPC
Since it might be presumptuous to assume everyone who reads AW knows who you are and given this is obviously an official Hyperion response:
Would you consider using in the future: http://amigaworld.net/userinfo.php?uid=346
Quote:
Corporate account of Hyperion Entertainment available for use by all Hyperion directors. |
or at least sign your posts?
#6_________________ This posting, in its entirety, represents solely the perspective of the author. *Secrecy has served us so well* |
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number6
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Re: Cloanto acquire Amiga Inc Trademark Posted on 19-Dec-2017 14:56:40
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Elite Member  |
Joined: 25-Mar-2005 Posts: 11663
From: In the village | | |
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| @thread
Back to topic:
Re:EUIPO filing for Amiga by Heinz-Alexander Drews (refer to earlier posts this thread)
Opposition filed and surveillance letter sent
#6
_________________ This posting, in its entirety, represents solely the perspective of the author. *Secrecy has served us so well* |
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number6
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Re: Cloanto acquire Amiga Inc Trademark Posted on 19-Dec-2017 15:00:30
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Elite Member  |
Joined: 25-Mar-2005 Posts: 11663
From: In the village | | |
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Rob
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Re: Cloanto acquire Amiga Inc Trademark Posted on 19-Dec-2017 15:36:01
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Elite Member  |
Joined: 20-Mar-2003 Posts: 6395
From: S.Wales | | |
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| @SimplePPC
I was just going by what Amigakit put on their history page. |
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simplex
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Re: Cloanto acquire Amiga Inc Trademark Posted on 19-Dec-2017 16:33:42
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Cult Member  |
Joined: 5-Oct-2003 Posts: 896
From: Hattiesburg, MS | | |
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| @number6
I didn't realize Cloanto was based in Nevada. _________________ I've decided to follow an awful lot of people I respect and leave AmigaWorld. If for some reason you want to talk to me, it shouldn't take much effort to find me. |
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number6
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Re: Cloanto acquire Amiga Inc Trademark Posted on 19-Dec-2017 16:51:26
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Elite Member  |
Joined: 25-Mar-2005 Posts: 11663
From: In the village | | |
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| @thread
Cloanto commences civil action against Hyperion Entertainment C.V.B.A.
Source
Easier to read: http://ttabvue.uspto.gov/ttabvue/ttabvue-91237628-OPP-4.pdf
Above link for chronology of events.
#6
Last edited by number6 on 21-Dec-2017 at 04:05 PM.
_________________ This posting, in its entirety, represents solely the perspective of the author. *Secrecy has served us so well* |
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Cheese
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Re: Cloanto acquire Amiga Inc Trademark Posted on 19-Dec-2017 18:18:28
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Regular Member  |
Joined: 23-Oct-2006 Posts: 315
From: Unknown | | |
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| @number6
 _________________ x86/MorphOS 4.0
"Delving into the past can be a dangerous exercise." -hyperionmp
"I've been a supporter of "REACTION" GUI because is an Amiga OS thing." -Snuffy
"I personally prefer a vision of do'ers and makers rather than |
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pavlor
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Re: Cloanto acquire Amiga Inc Trademark Posted on 19-Dec-2017 18:23:14
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Elite Member  |
Joined: 10-Jul-2005 Posts: 9660
From: Unknown | | |
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| @number6
Well, Cloanto should hire better lawyer, their statements are laughable at best (if one reads Settlement Agreement and then Cloanto´s interpretation).
For start, compare Cloanto´s points 18. and 19. (page 5) and Settlement Agreement Definitions/d. (page 1) and Grant/(b) and (c) (pages 3 and 4). |
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