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      /  Amiga Inc. Loses U.S. Trademarks
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PosterThread
Jose 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 16-Mar-2021 21:56:41
#1081 ]
Cult Member
Joined: 10-Mar-2003
Posts: 958
From: Unknown

Hey I was just answering AmigaDave's question regarding how he doesn't understand the attitude of some people. I think what I said is more or less the perception that people have, and I honestly don't have the patience to investigate all the details... I still find it hard to believe that the situation with the developers is that bad that they're developing 3.2 for free, surely some of the money from 3.1.4 went to them ? If not maybe it was because of the trademark issue ? ... They can't be that naive to be working for free while Hyperion profits and doesn't pay them, surely there must be another side to the story, just saying. Then again, I hardly get surprised at anything these days so just say it...

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 16-Mar-2021 23:24:24
#1082 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11259
From: In the village

@Jose

Actually Thomas Richter who was the most prominent spokesperson for 3.1.4 wasn't doing it for the money. Olaf, Thomas, and the rest of the team wanted to get the work out. Simple as that.
In exchange, sadly, they had to suffer the grief of attacks that performing free service was only serving to help/fund Hyperion and their lawsuits. It's just one example of the destruction in amigaland.

In addition Thomas was asked to do an execsg replacement after Trevor had obtained ownership (as an individual) of same.
Source

If you wish to read more history and these statements about payment, there are extremely long threads on eab, a.org, and a1k.
You could risk asking the team publically if the team is still working "gratis". They have not been shy about responding to this in the past.
50 pages about 3.1.4
54 pages about 3.2

better direct info on execsg replacement
Ignore the part where he says "A-eon", which is incorrect.

#6

Last edited by number6 on 16-Mar-2021 at 11:49 PM.
Last edited by number6 on 16-Mar-2021 at 11:33 PM.

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 19-Mar-2021 11:24:37
#1083 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11259
From: In the village

@thread

The March 18 filings posted today:

Items 99-106 bottom of page

more detail from Pacer

#6

Last edited by number6 on 19-Mar-2021 at 11:49 AM.

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 20-Mar-2021 11:33:29
#1084 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11259
From: In the village

@thread

https://sites.google.com/site/amigadocuments/all

It appears that 3 of the documents have been uploaded, 301-303 at bottom of list.
They are clearly titled as to content.

In addition I noticed an additional string of postings, which seems to be an appeal to one's better angels?

https://twitter.com/amigadocuments?lang=en

Rulings on motions will follow.

#6

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AP 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 20-Mar-2021 11:47:41
#1085 ]
Cult Member
Joined: 31-Jul-2003
Posts: 610
From: Vienna/Austria

@number6: My problem with the amigadocuments-guy is that he has a clear agenda and is not interested in a objective research like you. So I take at least his "personal" comments and opinion with a big pinch of salt.

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AmigaOne X5000/40, 2.2 Ghz, 4 GB RAM, Radeon R9 280X, M-Audio Revolution 5.1, 240 GB SSD

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 20-Mar-2021 12:04:40
#1086 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11259
From: In the village

@AP

Thank you for your posting.

I usually post links to public information and let others decide for themselves what it means for them personally.

Not to be redundant, but I've posted before that this is lose/lose for me. Some folks want information, others feel information soils the reputation of Amiga related people and businesses.

*shrug*

#6

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amigang 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 20-Mar-2021 17:15:49
#1087 ]
Super Member
Joined: 12-Jan-2005
Posts: 1680
From: Cheshire, England

@number6
so is it over?

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AmigaNG, YouTube, LeaveReality Studio

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 20-Mar-2021 17:22:55
#1088 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11259
From: In the village

@amigang

no. With any luck someone will post a news item in plain english this weekend.

#6

Last edited by number6 on 20-Mar-2021 at 05:23 PM.

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amigang 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 21-Mar-2021 10:33:29
#1089 ]
Super Member
Joined: 12-Jan-2005
Posts: 1680
From: Cheshire, England

@number6
ok, back to this then

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 21-Mar-2021 12:03:50
#1090 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11259
From: In the village

@amigang

Yes, and this although it might be before your time:

http://www.wouldyoubelieve.com/graphics/cone_title.gif

#6

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 21-Mar-2021 18:18:27
#1091 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11259
From: In the village

@thread

Hyperion and Cloanto apply for separate judgments (German)

English

#6

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eliyahu 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 21-Mar-2021 18:37:52
#1092 ]
Super Member
Joined: 3-Mar-2010
Posts: 1869
From: Waterbury, Connecticut (USA)

@number6

Is there an existing schedule that hints as to when the court might respond to these motions? Would it first grant the motion and then later render the actual decision, or if it grants the motions for summary judgement it includes said judgement in the response?

In other words do we have any inkling as to when this never-ending nightmare might end?!

-- eliyahu

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 21-Mar-2021 18:59:55
#1093 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11259
From: In the village

@eliyahu

No. sorry.

With the court backlog I wouldn't want to guess.

#6

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ne_one 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 22-Mar-2021 23:37:12
#1094 ]
Cult Member
Joined: 13-Jun-2005
Posts: 900
From: Unknown

Has Ben Hermans ever indicated why he continues to pursue litigation?

I honestly can't imagine his motivation.

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matthey 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 23-Mar-2021 3:51:12
#1095 ]
Super Member
Joined: 14-Mar-2007
Posts: 1222
From: Kansas

Quote:

ne_one wrote:
Has Ben Hermans ever indicated why he continues to pursue litigation?


What makes you think Ben wants to "pursue" litigation? I doubt anyone wants litigation to cease more than him and the Amiga status quo to be maintained. Hyperion is the defendant (although with counterclaim) and has requested all plaintiff claims be dismissed.

2021-03-18_hyperion-amiga-itec-cloanto-ca_filing-105_hyperion-motion-summary-judgment.pdf
https://docs.google.com/file/d/13-bsmVLq3gVtYggOf_Ej6rGhDhV4tx3l/edit

Hyperion likely wins unless Amiga Inc. can get a judgement that Hyperion "materially breached" the 2009 settlement.

2021-03-18_hyperion-amiga-itec-cloanto-ca_filing-100_amiga-motion-partial-summary-judgment.pdf
https://docs.google.com/file/d/18T3HZC4kSN1sa8pgmowSCJziHaxfykjS/edit

The 2001 contract was easier to terminate and Amiga Inc. claims it was terminated after a written 30 day notice (Hyperion would still be obligated to fulfill the terminated contract they materially breached). No litigation was required.

Quote:

6.02 Termination for Material Breach. Any party may, at its option, terminate this agreement in the event of a material breach by another party. Such termination may be effected only through a written notice to another party, specifically identifying the breach or breaches on which termination is based. Following receipt of such notice, the party in breach shall have thirty (30) days to cure such breach or breaches and this Agreement shall terminate in the event that such a cure is not made by the end of such period. The claim of material breach justifying termination shall be limited to the specific breached set forth in the above written notice as explained, supported and negated by evidence.


2001-11-03_amiga-hyperion_amiga-hyperion-eyetech-oem-license-and-software-development-agreement.pdf
https://docs.google.com/file/d/0BxlY9g_OfLqDYmMxMjY3YjAtYTMwOC00NjhiLWEzOGItOTJhZTRiYTFkNTUz/edit

The 2009 settlement contract was likely obtained with Amiga Inc. under financial duress and was very favorable for Hyperion. Termination is much more difficult.

Quote:

9. Termination. This Agreement and the rights and obligations contained therein, shall enter into force as of the Effective Date and remain in force until such time as a court of competent jurisdiction has issued a final and non-appealable ruling on the existence of a material breach justifying termination of this Agreement.


2009-12-11_amiga-hyperion_settlement-agreement.pdf
https://docs.google.com/file/d/0BxlY9g_OfLqDZTQyNGFkYzEtZDI5Zi00YzcxLThhODYtODcyZTg0M2I4MzQ1/edit

It looks like the plaintiffs are seeking to terminate the 2009 agreement for material breach of contract with a court "ruling" as specified by the contract (see above). The agreement does not allow the transfer of the agreement to another party.

Quote:

24. Assignment. This Agreement may not be assigned to any third party without the prior written consent of all Parties hereto. The consent given by one of the Amiga Parties shall be sufficient to satisfy the requirement of prior written consent.


Hyperion did not give written consent for the transfer of the agreement to Cloanto so it remains with Amiga Inc. while the 2009 contract is valid (likely along with some IP specified in the settlement). This is why Cloanto did not have standing to join the lawsuit. It appears Amiga Inc. is in good standing and can ask for a summary judgement against Hyperion for violation of the 2009 agreement.

2019-08-21_us-de-sos_amiga-inc-delaware_good-standing-certificate.pdf
https://docs.google.com/file/d/1dYOpU4E0JlKWEHUa-d4s6Usz3jCAwjoE/edit

It looks to me like the 2009 contract gives Hyperion unprecedented (and suspicious) use of Amiga party IP while the Amiga parties receives nothing of value in return. The Amiga parties owned the castle (practically everything) if the 2001 contract was successfully terminated yet the 2009 contract hands Hyperion the keys to the castle. I don't see where the Amiga Parties receive anything of value (consideration) in the 2009 contract. Perhaps the contract is invalid for lack of a quid pro quo contract?

https://en.wikipedia.org/wiki/Consideration

It appears Ben Hermans was a predator taking advantage of Bill McEwen and the financial situation of Amiga parties where Amiga parties helped save Hyperion from bankruptcy with cash payments when it was in financial trouble. The 2009 contract should never have been signed. Was Bill that incompetent or did he receive under the table payment from Hyperion? I hope the court can see Ben for the con man he is and do everything in their power to thwart him. This isn't the first time Ben has abused the law but rather it is his modus operandi. Hyperion is completely bereft of ethics from what I can see. This reflects the sole person in charge at Hyperion which is Ben Hermans.

Last edited by matthey on 23-Mar-2021 at 03:08 PM.
Last edited by matthey on 23-Mar-2021 at 11:20 AM.
Last edited by matthey on 23-Mar-2021 at 11:17 AM.

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Gws 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 23-Mar-2021 6:56:53
#1096 ]
Member
Joined: 31-Jan-2010
Posts: 18
From: Unknown

@matthey

And they were judging and judging until all the customers and users were long dead ... the fairy tales were over. Good night kids.

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kamelito 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 23-Mar-2021 12:14:27
#1097 ]
Cult Member
Joined: 26-Jul-2004
Posts: 775
From: Unknown

What if MorphOS had been choosen to be AmigaOS in 99 I wonder…

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TRIPOS 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 23-Mar-2021 14:07:38
#1098 ]
Super Member
Joined: 4-Apr-2014
Posts: 1154
From: Unknown

@matthey

The document "301" that is linked to in post 1084 does a great job in explaining and arguing their standing point based on evidence after evidence. A masterpiece. Everyone should read that document.

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TRIPOS 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 23-Mar-2021 14:10:11
#1099 ]
Super Member
Joined: 4-Apr-2014
Posts: 1154
From: Unknown

@kamelito

Quote:

kamelito wrote:
What if MorphOS had been choosen to be AmigaOS in 99 I wonder…


Then it would have been MorphOS that would have been "teh reel!!1!" loser. Horrible thought...



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kamelito 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 23-Mar-2021 15:32:54
#1100 ]
Cult Member
Joined: 26-Jul-2004
Posts: 775
From: Unknown

@matthey

He’s smart and based on what I’ve read Hyperion should win. What is signed is signed. Amiga inc. and co. have lawyers Hermans was not going after a poor old sick woman right?

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