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Jose
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Re: Cloanto acquire Amiga Inc Trademark Posted on 13-Jun-2017 15:27:57
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Joined: 10-Mar-2003 Posts: 997
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| @TRIPOS
I really don't get it. Why do some of you religiously treat Hyperion as an evil entity, I mean, it's not like any other company hasn't given priority to their interests... At least they did something productive with it and are trying to continue, many others have only tried to milk the cow's blood, sort of speak. Last edited by Jose on 13-Jun-2017 at 03:28 PM.
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José |
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pavlor
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Re: Cloanto acquire Amiga Inc Trademark Posted on 13-Jun-2017 15:44:01
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Elite Member |
Joined: 10-Jul-2005 Posts: 9640
From: Unknown | | |
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| @Jose
TMHGM (or TRIPOS what he calls himself now) was one of the most vocal MorphOS supporters in the original Blue/Red war back in the early 2000s. Such people see OS4 and Hyperion as embodiment of evil threatening their beloved OS. |
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number6
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Re: Cloanto acquire Amiga Inc Trademark Posted on 13-Jun-2017 15:58:48
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Elite Member |
Joined: 25-Mar-2005 Posts: 11619
From: In the village | | |
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| @thread
Lest there be no doubt who just filed as potential opposer to Cloanto's filing for the U.S. Amiga trademark...
Quote:
Correspondence: James T. Hultquist Reed Smith LLP |
Well, it's not just the company attorney's address, it's also the company's address.
Source
Now one might ask why Amiga Inc. did not file as potential opposer, despite being listed as an inactive company. Let's post their address for starters:
Quote:
Amiga, Inc 17 Deer Track Ln Goldens Brg, NY 105261208 |
What is that address you ask?
many of the shell companies plus Pentti & Amiga Inc. listed here
He was KMOS too
John Grzymala's name can be found in the court documents for the Amiga Inc./Hyperion VOF settlement, acting for Itec LLC.
And the address here was the mail drop for Amiga Inc.:
167 Madison Ave #301, New York, NY The above was well documented by Cecilia, when she paid them a visit.
Tronman (Amiga Inc. employee) account of same
When Pentti passed away, John lost his job managing the family trust (which also included Hakia where his name vanished amidst a sweep of staff).
Lawyers from Reed Smith have been handling this mess since then. Darren B. Cohen, Amiga Inc.'s attorney of record (trademark etc.) never acted, which should tell you plenty.
I just thought folks might appreciate a little background, if they missed these years. Now you don't have to wear out AW's search engine. heh.
#6_________________ This posting, in its entirety, represents solely the perspective of the author. *Secrecy has served us so well* |
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OlafS25
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Re: Cloanto acquire Amiga Inc Trademark Posted on 13-Jun-2017 16:45:18
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Elite Member |
Joined: 12-May-2010 Posts: 6441
From: Unknown | | |
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| @number6
What a chaos... |
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OlafS25
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Re: Cloanto acquire Amiga Inc Trademark Posted on 13-Jun-2017 16:50:33
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Elite Member |
Joined: 12-May-2010 Posts: 6441
From: Unknown | | |
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| @pavlor
I would say it this way... Ben H. is not innocent at the escalations
I would prefer the brand amiga in neutral hands and I would not feel very comfortable when Ben H. would get a grip on it
But finally a brand without competitive products is not worth much either
the same will happen what happened at the X5000 article... people will look at it, say nice but too expensive and go away, even more when they realize that they would need unix to use the hardware
it makes no sense for majority of people. Tabor is cheaper of course, we will see |
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number6
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Re: Cloanto acquire Amiga Inc Trademark Posted on 13-Jun-2017 16:58:49
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Elite Member |
Joined: 25-Mar-2005 Posts: 11619
From: In the village | | |
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| @OlafS25
What I posted is merely tip of the iceberg. One of my personal favorites was the issue that caused the author of freeamiga to come to AW and express fear for his life.
and the same names appear yet again
I'm just having a hard time believing that Itec springing back into action and SURELY reviving all this information in the course of any opposition, is in the best interests of the Kouri family, who they are supposed to be representing.
#6
_________________ This posting, in its entirety, represents solely the perspective of the author. *Secrecy has served us so well* |
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OlafS25
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Re: Cloanto acquire Amiga Inc Trademark Posted on 13-Jun-2017 17:09:34
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Elite Member |
Joined: 12-May-2010 Posts: 6441
From: Unknown | | |
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| @number6
slowly I seem to loose the overview who is fighting about the dead corpse
Hyperion, the law firm Ben H. works at, Cloanto, Amiga Inc. related entities
who is next? The queen? |
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number6
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Re: Cloanto acquire Amiga Inc Trademark Posted on 13-Jun-2017 17:16:44
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Elite Member |
Joined: 25-Mar-2005 Posts: 11619
From: In the village | | |
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| @OlafS25
Not sure if this helps re:motivation but...
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Itec is also the Senior (first place) Secured Creditor of Amiga Inc. |
Source-Question 1.12
Sorry to dwell on Itec, but of those you mentioned, I don't see them as having contributed to the interests of most remaining fans and certainly not to the Kouri family imo.
#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 14-Jun-2017 6:51:58
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Super Member |
Joined: 4-Apr-2014 Posts: 1205
From: Unknown | | |
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| @TRIPOS
Quote:
TRIPOS wrote: @number6
Quote:
number6 wrote: @kamelit0
Hyperion's version has had all text references to it changed to "Amiga Workbench". |
That probably won't be enough, they are obviously still making available to the public/customers a product using the registered "Workbench" trade mark (this picture proves it!):
(2017-06-06, 12.20. Source: http://hyperion-entertainment.biz/index.php/news/1-latest-news/175-bugfix-update-for-workbench-31-4043 )
Big Fail, Hyperion! Get ready for Strike Two!
A second strike regarding abuse and infringement of other entities' trademarks probably won't help their trademark robbing efforts, including their delayment/opposition of Cloanto's Amiga trademark registration...
(Whether or not this also is a case of copyright violation, in other words piracy, remains open. Maybe this will be (or is currently being?) tried by legal institutions as well?) |
Well, well, it turns out that Hyperion has indeed continued to infringe the trademark by having Workbench available all along, not only by text in some web page, but as a downloadable product as well...
They didn't pull it at all...
Quote:
miggymac wrote:
there, since 2016, without interruption! I think you are doing something wrong, haven't registered your products in the download area, or haven't registered a account at Hyperion?
If you don't trust me, have a look here:
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I'll repeat my stance that Hyperion is not in the clear, since they have been using the Workbench trademark continuously ever since their product launch in In October 2016.
I think it's clear that Ben Hermans tactics is to combat in the legal gray area for as long as possible, to let as much time pass as possible, so he can somewhere down the line claim that Hyperion has been using the Workbench mark for a product in an upcoming legal discussion/opposition about his rights to claim the Workbench trademark in a different jurisdiction. That was most certainly the whole purpose of releasing their "Workbench 3.1" product in the first place, to have it on public display so to be able to claim the Workbench mark at some point.
Hybrid warfare in the same way as when Russia invaded Crimea. Or when Hyperion robbed OS4 from Amiga Inc for that matter.
Filth all the way through.
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eder
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Re: Cloanto acquire Amiga Inc Trademark Posted on 14-Jun-2017 7:46:06
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Regular Member |
Joined: 16-Mar-2004 Posts: 280
From: Unknown | | |
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| @TRIPOS
Wow someone have a grudge against Hyperion.
Hope it dosent affect your daily life. |
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BigD
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Re: Cloanto acquire Amiga Inc Trademark Posted on 14-Jun-2017 10:41:08
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Elite Member |
Joined: 11-Aug-2005 Posts: 7456
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| @TRIPOS
Quote:
Or when Hyperion robbed OS4 from Amiga Inc for that matter. |
Your opinion! Their view (and the judges view more importantly) is that it was breach of contract on multiple fromts;
A) No 3.1 source code directly provided for ease of development as agreed. B) Full payment not received for additional work in bringing the OS up to a 'usable' (and hence valuable) specification. C) Amiga Inc. going bust and reincorporating hence they weren't actually the original company. The legal agreement made clear that ownership of AmigaOS would pass to Hyperion if such an eventuality occured. D) Penti Kouri was a bankrupt joke of an investor who caused nothing but misery for the people that dealt with him in any deal post the dot com boom. And this idiot was the 'money' man behind Amiga Inc!! And YOU have a problem with Ben Hermans!
On the basis of C alone they had the legal high ground in my opinion. Amiga Inc. are one of the most dodgy fake venture capital investment click bait type companies I have ever come accross. That my friend is the definition of 'filth'. At least Hyperion actual produce products! Christmas Card makers do not count
Reality check; the American dream (and corrupt mega business culture) is alive and well in the fact that we have Donald Trump buying his way to Republican nominee and into the White House. The USA has reaped what it has sown from computer tech to the White House it's all scandal and double dealing in the end Even the war in Yemen is an opportunity for the West to sell and test their weapons at the end of the day . The UK has massive weapons deals with Saudi Arabia and predictably the BBC refuse to cover any aspect of the war! Talk about British Bias Corporation Last edited by BigD on 14-Jun-2017 at 11:52 AM. Last edited by BigD on 14-Jun-2017 at 11:51 AM. Last edited by BigD on 14-Jun-2017 at 10:42 AM.
_________________ "Art challenges technology. Technology inspires the art." John Lasseter, Co-Founder of Pixar Animation Studios |
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broadblues
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Re: Cloanto acquire Amiga Inc Trademark Posted on 14-Jun-2017 11:14:36
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Amiga Developer Team |
Joined: 20-Jul-2004 Posts: 4447
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Raffaele
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Re: Cloanto acquire Amiga Inc Trademark Posted on 14-Jun-2017 12:56:26
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Super Member |
Joined: 7-Dec-2005 Posts: 1906
From: Naples, Italy | | |
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| @number6
Quote:
number6 wrote: @OlafS25
What I posted is merely tip of the iceberg. One of my personal favorites was the issue that caused the author of freeamiga to come to AW and express fear for his life.
#6
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Can you tell me more about this story?_________________ "When the Amiga came out, everyone [at Apple] was scared as hell." (J.L. Gassée, former CEO of Apple France and chief of devs of Mac II-fx, interviewed by Amazing Computing, Nov 1996). |
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BoingBear
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Re: Cloanto acquire Amiga Inc Trademark Posted on 14-Jun-2017 16:26:34
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Regular Member |
Joined: 28-Oct-2015 Posts: 140
From: Unknown | | |
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| @number6
Since you seem to have researched this topic more than anyone else, in your opinion, how do you think all of this is going to end up? Just your guess on which way the pieces are going to fall. |
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iggy
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Re: Cloanto acquire Amiga Inc Trademark Posted on 14-Jun-2017 20:04:13
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Joined: 20-Oct-2010 Posts: 1175
From: Bear, Delaware USA | | |
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| @pavlor
Quote:
Such people see OS4 and Hyperion as embodiment of evil |
Not those two exactly, specifically Ben Hermans. And originally, by extension, Bill McEwen and AmigaInc (who gave Ben the contract in the first place).
Personally, normally I couldn't care less about the areas of dysfunction people have, but those two...
And OS4, as a PPC clone of AmigaOS, seems like a relatively harmless proposition in itself.
You seem to forget that the MorphOS turned down offers to buy their OS for use as the base for OS4, so NO, its not a threat or a competition. |
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number6
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Re: Cloanto acquire Amiga Inc Trademark Posted on 14-Jun-2017 20:18:29
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Elite Member |
Joined: 25-Mar-2005 Posts: 11619
From: In the village | | |
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| @Raffaele
Quote:
Can you tell me more about this story? |
All I can do is give you the same response I gave to Amigang:
Source
Read what he had to say and decide for yourself whether you believe he is credible.
Apparently, he had been a fairly avid reader of AW and used this site as, at the very least, a starting point in some of his work.
some more recent info on his twitter
#6
Last edited by number6 on 15-Jun-2017 at 12:58 AM.
_________________ 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 14-Jun-2017 20:25:53
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Elite Member |
Joined: 25-Mar-2005 Posts: 11619
From: In the village | | |
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| @BoingBear
All I can do is say that my opinion, which Olaf happened to agree with still stands, until I learn something that I feel disproves my theory.
Olsen: Quote:
Quote: so there is no immediate need to drop the Amiga assets. |
Myself: Quote:
There might be a need if it is a prerequisite to closing the estate and you weigh the amounts of money involved from the other assets with the perceived value of the Amiga assets. |
Olsen: Quote:
That is exactly the conclusion I would draw. |
Source
This neither means we are right or wrong...we just happen to agree.
#6Last edited by number6 on 14-Jun-2017 at 08:36 PM.
_________________ 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-Jun-2017 13:47:53
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Elite Member |
Joined: 25-Mar-2005 Posts: 11619
From: In the village | | |
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| @thread
Updating info from post 191 of this thread, which was in itself an update and change of prior status. Repeating that text for sake of following the changes:
Quote:
Hyperion's euipo Workbench filing status "Application under examination" |
Now reads:Quote:
Hyperion's euipo Workbench filing status
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Hyperion's euipo AmigaOS filing status "Application under examination" |
Now reads:Quote:
Hyperion's euipo AmigaOS filing status
Quote:
Hyperion's euipo Amiga Forever filing status "Application filed" |
Unchanged Hyperion's euipo filing for Amiga Forever
Please inform me of any bad links, since this is a lot of material to constantly check.
@TripOS
We beg of you please follow AW TOS and stop posting images that break TOS guidelines. It does screw up forum layout, as Andy and others have said. Thanks.
Quote:
Images in threads: Images embedded in threads should be no wider than 640 pixels, larger images should be hyperlinked |
http://amigaworld.net/terms.php
#6Last edited by number6 on 19-Jun-2017 at 01:53 PM.
_________________ 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-Jun-2017 14:14:36
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Elite Member |
Joined: 25-Mar-2005 Posts: 11619
From: In the village | | |
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| @thread
Cloanto euipo Workbench filing
Surveillance letter sent from euipo June 15, 2017. euipo description of term: Quote:
If you request it when filing your application we carry out a search in the EU trade mark database for identical and/or similar marks. The results are sent to you before we publish your trade mark application. Owners of previously registered trade marks or trade mark applications quoted in the report are informed — by letter — about your trade mark application. This is called a ‘surveillance letter'. The results of both search reports and surveillance letters are for information only. |
All Hyperion Entertainment CVBA Benelux filings (AmigaOS, Workbench, Amiga Forever) appear to be unchanged. Reports welcome if anyone determines otherwise.
Amiga U.S. trademark filing from Cloanto unchanged. Potential opposers remain as: Hyperion-Entertainment C.V.B.A. and Itec, LLC.
#6
Last edited by number6 on 19-Jun-2017 at 02:29 PM. Last edited by number6 on 19-Jun-2017 at 02:21 PM.
_________________ 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-Jun-2017 18:09:14
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Elite Member |
Joined: 25-Mar-2005 Posts: 11619
From: In the village | | |
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| @thread
Disregard: testing an edit bug that seems to have cropped up here.
Oh, but no new filings for AmigaOne either in the U.S., euipo, or Benelux, making a grand total of zero atm, due to refusal of Hyperion Entertainment CVBA filing in the U.S. referred to earlier in this thread.
#6
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