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      /  Amiga Inc. Loses U.S. Trademarks
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PosterThread
amigadave 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 23-Jun-2021 19:39:46
#1561 ]
Super Member
Joined: 18-Jul-2005
Posts: 1724
From: Lake Shastina, Northern Calif.

@eliyahu

Quote:

eliyahu wrote:
@jaokim

In what way, shape, or form would 'Amiga Addict' magazine confuse people with AmigaKit, Ltd., a reseller?! That TM7 form is indeed a formal notice, and Matthew should have it withdrawn. Now. Today. Immediately. And issue a groveling apology for overreach on his part.

This is just one instance of a long line of heavy-handed actions trying to extend control over as much of the commercial Amiga space is as legally allowed (or that can be gotten away with). The reaction to this is nearly unanimous, and the bullying must stop forthwith. I guarantee Amiga Addict will pick up more subscribers and Matthew will lose customers. For me it really opened my eyes.

-- eliyahu


Sadly, it appears that Matthew has been infected by having direct contact with Ben Hermans and Hyperion Entertainment. I fear that even Trevor is at risk of following Matthew down this road to "Nowhere", as any attempt to gain control of what value remains of the Amiga trademarks and copyrights, is just seen by the community as greed and destructive, to something that clearly should have been abandoned commercially, and Open Sourced, long, long ago. As others have mentioned in many community communication outlets and website forums, the Amiga market is nothing but a "cottage hardware industry" and "bedroom programming for peanuts" niche market. Anyone thinking that they will make more than beer money from this market is foolish. Any person or company who becomes heavy handed in trying to dominate domain names will be hated by the community, so even the small amount of money that might be available through web traffic ads, is a dangerous thing to pursue. I give Trevor just a tiny bit more leeway on this, because he has invested hundreds of thousands of pounds/dollars/euros, in (some would say foolish) attempts to revive the community, by producing hardware, and funding software development. This is money that he will likely NEVER recoup, not even if he can release and sell every Tabor/A1222 system that he has purchased CPU's for.

I also give Mike of Cloanto a pass, because he has methodically attempted to legally purchase all rights to the Amiga IP, copyrights, and trademarks, through buying them, not stealing them, like some other company has done. But even his attempts to bring everything related to Amiga back under control of one company is seen by a large part of the community as a bad thing, motivated by greed and desire for control. Personally, I think having everything back under the control of just one company "Might" be a good thing, but I'll reserve final judgement until after I see what Mike plans to do with it all. I'm really hoping that he is true to his word, and will someday figure out a way to Open Source the Amiga IP. I just don't know how he can afford to spend this kind of money acquiring the IP through this court case, and then later give what he has paid so much to acquire away to the community?

I don't know where this is going to lead, but it certainly is not good for anyone in the Amiga community.

Last edited by amigadave on 23-Jun-2021 at 07:50 PM.
Last edited by amigadave on 23-Jun-2021 at 07:47 PM.

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mbrantley 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 23-Jun-2021 19:54:31
#1562 ]
Cult Member
Joined: 10-Jun-2010
Posts: 547
From: Mobile, Alabama, United States

@AmigaKit

Please leave Amiga Addict alone. Follow the example of Commodore and publications such as Amiga World and others that have used the Amiga name. They all helped the marketplace as a whole, as Amiga Addict and Amiga Future are doing now. Don’t be jerks.

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dan.hutch 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 23-Jun-2021 22:33:00
#1563 ]
Cult Member
Joined: 30-Dec-2004
Posts: 522
From: United Kingdom

@AmigaKit Two questions...

When exactly did you ever produce an Amiga magazine?

What product of yours is called 'Amiga Addict'?

The action AmigaKit are taking action against Amiga Addict is despicable. The magazine is an enterprise driven by enthusiasts and does not compete with anything Amiga Kit do. Perhaps they are worried about Amiga Future magazine sales (a magazine they sell). AK should be grateful for the existence of AA as it surely encourages people to use their Amigas more and in the end buy more stuff.

Oh well, AmigaKit seem determined to alienate the community that keeps them in business. Talk about biting the hand that feeds you. Idiots.

Maybe someone (Amiga Corp?) should go after AmigaKit for their use of the word 'Amiga' for all these years and the money they have made from it.

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dan.hutch 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 23-Jun-2021 23:06:31
#1564 ]
Cult Member
Joined: 30-Dec-2004
Posts: 522
From: United Kingdom

@mbrantley

Quote:
Please leave Amiga Addict alone. Follow the example of Commodore and publications such as Amiga World and others that have used the Amiga name. They all helped the marketplace as a whole, as Amiga Addict and Amiga Future are doing now. Don’t be jerks.


The way I see it AmigaKit are essentially a retailer using the word 'Amiga' in their name to indicate what their products relate to. They do not own the Amiga IP, they are not Commodore or Amiga Inc. Their behaviour in trying to block others from using the word is outrageous and seems selective...

What about AmigaFuture magazine? Why interfere with AmigaAddict (and AmigaPassion before this) but not AmigaFuture or AmigaForever for that matter?

In my mind AmigaAddict/Simulant would have just as much right to use the word 'Amiga' as Matthew Leaman's shop does. I assume neither pay the rights holder the use of the word and the benefit gained from its use.


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A1200 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 23-Jun-2021 23:45:19
#1565 ]
Elite Member
Joined: 5-May-2003
Posts: 3086
From: Westhall, UK

Thanks to my friend David for pointing this Amiga Addict / Amigakit thing out - I had stopped reading this thread a while ago. My opinion, yes silly move by Matthew BUT why does a small magazine want to copyright anything? If I go and produce a magazine of the exact same name and logo, people will buy both. I am a sucker like the rest of you die-hards, anything with the name Amiga and we tend to buy it. Don't see why they needed a trademark for a magazine with what a thousand readers at best?

_________________
Amiga A1200, 3.1 ROMs, Blizzard 1230 MKIV 64MB & FPU, 4GB DoM SSD, Workbench 3.1

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dalek 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 24-Jun-2021 0:14:47
#1566 ]
Member
Joined: 7-Jun-2017
Posts: 12
From: Unknown

@number6

Quote:
court order filing 131 direct link to .pdf for easier reading


Thanks for your continued focus on this. It's great to get the pdfs as I don't have access to their paywall!

Looks like Judge Ricardo is moving things along nicely 👍 After the trial we should crowdfund an A500 for him (with CBM original ROMs) 😂

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amigadave 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 24-Jun-2021 2:10:18
#1567 ]
Super Member
Joined: 18-Jul-2005
Posts: 1724
From: Lake Shastina, Northern Calif.

@dan.hutch

You clearly are not understanding what AmigaKit "Might" be objecting to. Read what others have written about Simulant filing for a Copyright/Trademark in the same category that AmigaKit's copyright/trademark(s) are already registered in. It is not JUST about Amiga Addict's use of the word Amiga, it is because they decided to apply for a Copyright/Trademark to protect their logo and use of the title Amiga Addict, but in a category that possibly they could expand to other uses, if I understand what others have written about this.

This does not mean that I agree with what AmigaKit did. Why didn't Matthew just email or, pick up the phone and call Simulant, before sending this legal notice? Why is sending legal notices the first course of communication (unless Simulant isn't telling us about any previous communications to them from AmigaKit)?

Last edited by amigadave on 24-Jun-2021 at 02:36 AM.
Last edited by amigadave on 24-Jun-2021 at 02:34 AM.
Last edited by amigadave on 24-Jun-2021 at 02:33 AM.

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dan.hutch 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 24-Jun-2021 6:07:14
#1568 ]
Cult Member
Joined: 30-Dec-2004
Posts: 522
From: United Kingdom

@A1200

Similarly why has AmigaKit trademarked A500, A1200, A4000, etc. in the Amiga logo type?

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dan.hutch 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 24-Jun-2021 6:11:10
#1569 ]
Cult Member
Joined: 30-Dec-2004
Posts: 522
From: United Kingdom

@amigadave

Seen in isolation maybe, but it feels like there is a pattern with AmigaKit...

Rebadging A1200.net cases
AmigaPassion > RetroPassion
Trademarking A500, A1200, etc.

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kolla 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 24-Jun-2021 6:24:04
#1570 ]
Super Member
Joined: 20-Aug-2003
Posts: 1872
From: Trondheim, Norway

@BigD

Quote:

So legal threats are now a standard mechanism in Amiga-land!


That’s the main communication protocol, and has bern for the last 15-20 years.

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Rose 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 24-Jun-2021 9:30:44
#1571 ]
Cult Member
Joined: 5-Nov-2009
Posts: 937
From: Unknown

@amigadave

Quote:
You clearly are not understanding what AmigaKit "Might" be objecting to. Read what others have written about Simulant filing for a Copyright/Trademark in the same category that AmigaKit's copyright/trademark(s) are already registered in. It is not JUST about Amiga Addict's use of the word Amiga, it is because they decided to apply for a Copyright/Trademark to protect their logo and use of the title Amiga Addict, but in a category that possibly they could expand to other uses, if I understand what others have written about this.


Yeah, that's why AutoZone threatens every company with Auto on their name... Only sane explanation for this is that person who thought that this would fly has legal degree from University of I Think that (and also is bit of a cunt).

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amigang 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 24-Jun-2021 10:27:22
#1572 ]
Super Member
Joined: 12-Jan-2005
Posts: 1689
From: Cheshire, England

I thought also magazine where allowed to use the "brand" name and logo?

Im not sure how it alll works, but CU Amiga, Amiga Future, Amiga Power, Amiga Shopper etc, where all allowed to use the trademark.

Hell look at Amiga.org that A-EON / AmigaKit bought got an email from Commodore saying they where allowed to use the A, Tick, Ball Logo and now that seem to give them right to brand all their products with it. If anything I wish Commodore where still in charge as I feel they where a bit more relaxed on these thing than the current companies are!

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AP 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 24-Jun-2021 12:03:48
#1573 ]
Cult Member
Joined: 31-Jul-2003
Posts: 610
From: Vienna/Austria

@amigang: Amiga Addict was also allowed to use the Amiga-brand in their magazine-title or website (at least AFAIK) they even sell fan-articles. This is about registering a brand.

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 24-Jun-2021 12:22:28
#1574 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11259
From: In the village

@thread

For those who wish to read other comments and opinions on the above:

several pages here

#6

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BigD 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 24-Jun-2021 13:54:56
#1575 ]
Elite Member
Joined: 11-Aug-2005
Posts: 5982
From: UK

@amigang

Quote:

amigang wrote:
…If anything I wish Commodore where still in charge as I feel they where a bit more relaxed on these thing than the current companies are!


Which Commodore was that? Only C= Gaming did anything worthwhile with the brand with the games PC cases!

Are you telling me that C= Business Machines were aware of Amiga.org in 1994 and had the time to write to them?

Last edited by BigD on 24-Jun-2021 at 01:56 PM.

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cgutjahr 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 24-Jun-2021 13:59:05
#1576 ]
Cult Member
Joined: 8-Mar-2003
Posts: 950
From: Unknown

It is completely and utterly irrelevant if magazines in general or AA in particular are allowed to use the brand - it is simply not Amigakit's decision to make, period.

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walkero 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 24-Jun-2021 15:52:07
#1577 ]
Regular Member
Joined: 4-Mar-2004
Posts: 394
From: Athens

@dalek

Quote:
After the trial we should crowdfund an A500 for him (with CBM original ROMs) 😂


Watch out because A500 (TM) is also trademarked by AmigaKit (https://trademarks.ipo.gov.uk/ipo-tmcase/page/Results/1/UK00003626330)



@all
Guys, don't be naive. What AmigaKit is scared of, IMO, it is not the AA magazine. And this is clear by their move, is that behind AA is Simulant Systems Ltd (https://www.simulant.uk/shop/home). AmigaKit tries to prevent one more store to rise, because they assume that Amiga Addict trademark might be used to sell/promote hardware and software in the future. It is the same thing they did with Amiga/RetroPassion.

I might be wrong but that's how I see it.

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Rose 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 24-Jun-2021 15:57:25
#1578 ]
Cult Member
Joined: 5-Nov-2009
Posts: 937
From: Unknown

@walkero

Quote:
Guys, don't be naive. What AmigaKit is scared of, IMO, it is not the AA magazine. And this is clear by their move, is that behind AA is Simulant Systems Ltd (https://www.simulant.uk/shop/home). AmigaKit tries to prevent one more store to rise, because they assume that Amiga Addict trademark might be used to sell/promote hardware and software in the future. It is the same thing they did with Amiga/RetroPassion.


Which matter F all since they don't own either Amiga or Addict.

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eliyahu 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 24-Jun-2021 16:06:05
#1579 ]
Super Member
Joined: 3-Mar-2010
Posts: 1869
From: Waterbury, Connecticut (USA)

@walkero

Quote:
Guys, don't be naive. What AmigaKit is scared of, IMO, it is not the AA magazine. And this is clear by their move, is that behind AA is Simulant Systems Ltd (https://www.simulant.uk/shop/home). AmigaKit tries to prevent one more store to rise, because they assume that Amiga Addict trademark might be used to sell/promote hardware and software in the future. It is the same thing they did with Amiga/RetroPassion.

I might be wrong but that's how I see it.

Bingo. They've aggressively gone after other Amiga retailers in the past, not just the RetroPassion guys in the UK. Heaven help us if Enhancer is a Trojan horse for taking over AmigaOS by stealth. These types of business practices are simply inexcusable, especially in such a small community.

I've heard frequently that 'our only business is Amiga' from AmigaKit. That other retailers are only doing their thing on a part-time basis or that they specialize in other platforms, too. Like that gives an excuse for monopolist-level bullying. For better or worse, we live in a capitalist world, and that means (or should mean) open competition. If you can only compete by trying to squeeze out cash-poor competitors via legal trickery and such, find a new line of work.

Oh, and in case you haven't noticed, I'm *extremely* peeved over this. AmigaKit are threatening a bunch of hobbyists publishing what is, in essence, a magazine centered on nostalgic memory. And still their unmitigated arrogance prevents them from seeing how damaging it is even to their own brand. I mean, just look at how angry I am; I've been a huge fan of A-EON for more than a decade. How can I justify helping or funding through my custom a firm that is essentially the same entity pulling crap like this going forward?!

-- eliyahu

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 24-Jun-2021 16:11:06
#1580 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11259
From: In the village

@walkero

Quote:
Watch out because A500 (TM) is also trademarked by AmigaKit


It's only in pre-publication stage.

covered here in more detail

#6

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