Click Here
home features news forums classifieds faqs links search
6071 members 
Amiga Q&A /  Free for All /  Emulation /  Gaming / (Latest Posts)
Login

Nickname

Password

Lost Password?

Don't have an account yet?
Register now!

Support Amigaworld.net
Your support is needed and is appreciated as Amigaworld.net is primarily dependent upon the support of its users.
Donate

Menu
Main sections
» Home
» Features
» News
» Forums
» Classifieds
» Links
» Downloads
Extras
» OS4 Zone
» IRC Network
» AmigaWorld Radio
» Newsfeed
» Top Members
» Amiga Dealers
Information
» About Us
» FAQs
» Advertise
» Polls
» Terms of Service
» Search

IRC Channel
Server: irc.amigaworld.net
Ports: 1024,5555, 6665-6669
SSL port: 6697
Channel: #Amigaworld
Channel Policy and Guidelines

Who's Online
19 crawler(s) on-line.
 130 guest(s) on-line.
 0 member(s) on-line.



You are an anonymous user.
Register Now!
 Gunnar:  19 mins ago
 retrofaza:  31 mins ago
 kolla:  35 mins ago
 saimo:  41 mins ago
 A1200:  43 mins ago
 MEGA_RJ_MICAL:  48 mins ago
 NutsAboutAmiga:  1 hr 11 mins ago
 zipper:  1 hr 12 mins ago
 clint:  1 hr 48 mins ago
 RickSkid:  1 hr 58 mins ago

/  Forum Index
   /  Amiga General Chat
      /  Amiga Inc. Loses U.S. Trademarks
Register To Post

Goto page ( Previous Page 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 | 31 | 32 | 33 | 34 | 35 | 36 | 37 | 38 | 39 | 40 | 41 | 42 | 43 | 44 | 45 | 46 | 47 | 48 | 49 | 50 | 51 | 52 | 53 | 54 | 55 | 56 | 57 | 58 | 59 | 60 | 61 | 62 | 63 | 64 | 65 | 66 | 67 | 68 | 69 | 70 | 71 | 72 | 73 | 74 | 75 | 76 | 77 | 78 | 79 | 80 | 81 | 82 | 83 Next Page )
PosterThread
number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 24-Jun-2018 14:58:57
#581 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11540
From: In the village

@thread

I mentioned prior that the Hyperion amended complaint shown on pacer was not available without payment. I found it elsewhere.
So here are the 2 amended complaints if anyone wants to compare.

Hyperion amended complaint of April 12, 2018

Cloanto amended complaint of May 25, 2018

Case begins this week with a conference.

#6

_________________
This posting, in its entirety, represents solely the perspective of the author.
*Secrecy has served us so well*

 Status: Offline
Profile     Report this post  
number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 24-Jun-2018 16:19:40
#582 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11540
From: In the village

@HyperionHolding

Quote:
81. Failure by the Amiga Parties to maintain rights in the Licensed Marks, leading to the uncertainty caused by Cloanto and Hyperion’s competing applications, has already invited another entity unknown to Plaintiff, namely My Retro Computer LTD, listed in USPTO records as a limited partnership existing under the laws of the United Kingdom with an address of Unit A1, Pegham Ind Park, Fareham, United Kingdom PO156SD, to file U.S. Application Ser. No. 87/752,895 on January 12, 2018, seeking to register AMIGA


etc.

"unknown"? Seriously?!

obviously you know and knew about this entity for a very long time

Not to mention that this "Amiga" application was withdrawn well before the amended claim of April 12, 2018 was filed, which your attorney must certainly have known.

Abandoned April 3, 2018

I suppose the connection between the above applicant and the questions concerning what Bill really licensed to Barry Altman of CUSA are no longer an issue now?

#6

_________________
This posting, in its entirety, represents solely the perspective of the author.
*Secrecy has served us so well*

 Status: Offline
Profile     Report this post  
jorit2 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 24-Jun-2018 16:32:21
#583 ]
Regular Member
Joined: 22-Apr-2011
Posts: 243
From: Unknown

@number6

New here ?

You don't seriously expect Ben to refrain from his usual style of arguing, do you ?

Lying is what Ben is all about, he doesn't know how to act otherwise.

Evert

_________________
-- Posting for charity -- Investing €10 in a charity related to education or civil rights for every message I post --

 Status: Offline
Profile     Report this post  
BoingBear 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 24-Jun-2018 17:41:37
#584 ]
Regular Member
Joined: 28-Oct-2015
Posts: 140
From: Unknown

Quote:

jorit2 wrote:
@number6

New here ?

You don't seriously expect Ben to refrain from his usual style of arguing, do you ?

Lying is what Ben is all about, he doesn't know how to act otherwise.

Evert


Do you know ANY lawyers who are not habitual liars? I think it is a required skill to pass the BAR exam to become a lawyer in the USA, and seems to be no different in other countries as well.

 Status: Offline
Profile     Report this post  
kamelito 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 25-Jun-2018 11:49:17
#585 ]
Cult Member
Joined: 26-Jul-2004
Posts: 813
From: Unknown

@jorit2

So, Hyperion claim to have right to use version 1.3 because of the definition of Software and Software Architecture in the settlement agreement. I don't get it since the doxumentation refer to Amiga OS 2.

 Status: Offline
Profile     Report this post  
Signal 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 25-Jun-2018 12:28:23
#586 ]
Cult Member
Joined: 1-Jun-2013
Posts: 664
From: USA

When was the first time it was called Amiga OS.

_________________
Tinkering with computers.

 Status: Offline
Profile     Report this post  
number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 25-Jun-2018 13:57:53
#587 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11540
From: In the village

@thread

I was re-reading the Hyperion amended complaint where Hyperion indicates a great deal of difficulty in getting a straight answer out of Bill and Itec (Reed Smith acting for the Kouri estate):

Quote:
50. Notably absent from Itec’s Notice of Opposition was any allegation that Itec is the
owner of the AMIGA trademark and any explanation as to why Amiga, Inc. did not file for the
extensions of time and the opposition in its own name.


There is also mention of Amiga Inc. still being a "going concern". Erm, then the above indicates rather strongly that they are either (1)not a "going concern" or (2)had no desire or rights whatsoever to file the extension.

This reminds me of the Icontain affair:
http://www.amiga-news.de/en/news/AN-2011-02-00054-EN.html

Quote:
We were told that the licensing deal was "cut just recently by the executor of an estate"


This refers to Pentti Kouri of course and the executor of his estate.

Late to the game McEwen announces no...this is an Amiga Inc. deal.

Later in this debacle Todd Kleperis writes that he wants to deliver AmigaOS4 on these devices, followed by writings of how difficult it was to get a response from anyone at Hyperion.

Source

Anyway, this was always weird in so many ways.
(1)Itec doing their own deals quickly to be "corrected" by Bill McEwen and
(2)HJF being a contact regarding use of not just an "amigalike" OS on Amiga branded h/w, but actually AmigaOS4.
(3)IContain indicating through their "iprotectamiga" that they were in fact the ones charged with protecting the Amiga brand

When Barry Altman mentioned AROS on his Amiga branded h/w there was public outrage from Ben in the forums. Where was this same outrage during the course of the Icontain thread? Was no one at Hyperion following this story?

In addition, followers of the CUSA affair will recall:
(1)Barry Altman's "wild Bill" reaction to this unexpected licensing to Icontain
(2)Followed by his more subdued reaction after speaking to Bill

#1826

(3)Followed by Barry posting content of his re-negotiated contract posted in December of the same year (2011)

Quote:
On Dec 22, 2011 Commodore USA, LLC and Amiga Inc. signed a new contract granting us EXCLUSIVE WORLDWIDE rights to ALL format computers branded with the Amiga trademark IP. These registered trademarked logos include the BOING Ball, TIC/Check mark, letter A and the word AMIGA logos. Form factors include, but are not limited to Desktop, HTPC, Tower AIO/ Keyboard etc. This contract will run through Dec 31, 2018, with optional renewals. Additionally we have been granted the right to enforce the Amiga trademark IP, in instances where we feel the trademark property has been either used in an unauthorized manner or in a form not allowed under current international and US law. We look forward to releasing our initial Commodore Amiga branded computers beginning by the end of the first quarter 2012


Yet another granted enforcement rights for the Amiga trademark?

Gee, I wonder why people are confused about what rights are in whose hands now?

#6


_________________
This posting, in its entirety, represents solely the perspective of the author.
*Secrecy has served us so well*

 Status: Offline
Profile     Report this post  
number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 25-Jun-2018 14:01:42
#588 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11540
From: In the village

@thread

I'm afraid the AW issues with "edit" prevent the prior post from showing quotes etc. properly.
No sense in making yet another request for fixing this....

#6

_________________
This posting, in its entirety, represents solely the perspective of the author.
*Secrecy has served us so well*

 Status: Offline
Profile     Report this post  
ne_one 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 26-Jun-2018 0:40:11
#589 ]
Cult Member
Joined: 13-Jun-2005
Posts: 905
From: Unknown

@number6

Quote:
Gee, I wonder why people are confused about what rights are in whose hands now?


I suspect the confusion is universal, including the litigants.

 Status: Offline
Profile     Report this post  
number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 27-Jun-2018 0:10:13
#590 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11540
From: In the village

@thread

Although Pacer shows last document filed June 11, 2018, a new document was filed June 12.

Source

note: this is Cloanto Corporation v. Hyperion Entertainment C.V.B.A. and not Hyperion Entertainment C.V.B.A. et al v. Itec, LLC et al

#6

_________________
This posting, in its entirety, represents solely the perspective of the author.
*Secrecy has served us so well*

 Status: Offline
Profile     Report this post  
number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 30-Jun-2018 17:21:36
#591 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11540
From: In the village

@number6

Re: post #577 this thread

Although opposition period to Hyperion Entertainment C.V.B.A.'s filing for the Amiga trademark in Germany supposedly expired Jun 11, 2018:

Quote:
Opposition proceedings are ongoing / objections raised

Legal status: Opposition filed

#6

_________________
This posting, in its entirety, represents solely the perspective of the author.
*Secrecy has served us so well*

 Status: Offline
Profile     Report this post  
number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 9-Jul-2018 15:16:27
#592 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11540
From: In the village

@thread

Re: Post #581 which are complete documents to date in the relevant case

Since I reported when Itec LLC added more attorneys, it's fair to mention that in the case of Cloanto vs Hyperion C.V.B.A., Hyperion has added another lawfirm and 3 more attorneys.
Since this case began in New York and was since transferred to Washington State, this "may" be the reason for the added New York State lawfirm.

Also, according to due date by the court, Hyperion's response to the Cloanto amended claim was filed July 6, 2018. I did not bother to mention it at the time, since this new document requires payment and is therefore not currently publically viewable.

Source

#6

Last edited by number6 on 09-Jul-2018 at 03:19 PM.

_________________
This posting, in its entirety, represents solely the perspective of the author.
*Secrecy has served us so well*

 Status: Offline
Profile     Report this post  
number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 11-Jul-2018 20:51:05
#593 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11540
From: In the village

@thread

Motion to consolidate cases:

Source

So they want to consolidate:
Quote:
Cloanto Corporation v. Hyperion Entertainment C.V.B.A. and Hyperion Entertainment C.V.B.A. v. Itec, LLC (etal)


#6

_________________
This posting, in its entirety, represents solely the perspective of the author.
*Secrecy has served us so well*

 Status: Offline
Profile     Report this post  
number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 21-Jul-2018 13:42:15
#594 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11540
From: In the village

@thread

Re:post #592

A second answer to Cloanto's amended complaint was filed by Hyperion yesterday.

Source
#37 and #34 are both in response to #29 as indicated.

Post #581 links are the last 2 public documents available, which include the document #29 being responded to.

#6




_________________
This posting, in its entirety, represents solely the perspective of the author.
*Secrecy has served us so well*

 Status: Offline
Profile     Report this post  
number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 24-Jul-2018 14:19:49
#595 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11540
From: In the village

@thread

Dismiss for Failure to State a Claim & Declaration

and

Response to Motion

#6

_________________
This posting, in its entirety, represents solely the perspective of the author.
*Secrecy has served us so well*

 Status: Offline
Profile     Report this post  
klx300r 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 24-Jul-2018 14:41:45
#596 ]
Elite Member
Joined: 4-Mar-2008
Posts: 3833
From: Toronto, Canada

@number6

6 please give me the lay mans Coles notes version of this nonsense in point form

_________________
____________________________
c64-2sids, A1000, A1200T-060@50(finally working!),A4000-CSMKIII
! My Master Miggies- Amiga 1000 & AmigaOne X1000 !
mancave-ramblings
X1000 I BELIEVE

 Status: Offline
Profile     Report this post  
number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 24-Jul-2018 14:45:28
#597 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11540
From: In the village

@klx300r

sorry. As I've said repeatedly, I refuse to pay for the documents, so all I can do is post the links and general content as stated by the court.

but....
oddly Pacer has more info than courtlistener today:

Source

Layman guess is all I can offer. It surely looks like the motion to dismiss is based on the removal of Hyperion from the Belgium business registry.

Anyone care to comment or disagree?

Pacer also has more info regarding "motion", which refers to the consolidation of cases:
Source


#6

Last edited by number6 on 24-Jul-2018 at 02:57 PM.
Last edited by number6 on 24-Jul-2018 at 02:54 PM.
Last edited by number6 on 24-Jul-2018 at 02:52 PM.
Last edited by number6 on 24-Jul-2018 at 02:52 PM.

_________________
This posting, in its entirety, represents solely the perspective of the author.
*Secrecy has served us so well*

 Status: Offline
Profile     Report this post  
Nonefornow 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 24-Jul-2018 14:58:45
#598 ]
Regular Member
Joined: 29-Jul-2013
Posts: 339
From: Greater Los Angeles Area

@number6

In the links you are providing to "CourtListener" some of the documents, defined as "main documents", are actually available for download from US archive.

https://ia801504.us.archive.org/18/items/gov.uscourts.wawd.258309/gov.uscourts.wawd.258309.28.0.pdf

It is not everything, but enough to get a sense of what is going on.




Last edited by Nonefornow on 24-Jul-2018 at 02:59 PM.

 Status: Offline
Profile     Report this post  
number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 24-Jul-2018 15:17:59
#599 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11540
From: In the village

@Nonefornow

True and I have linked directly to those in prior posts.

However, what we're now discussing is the last extremely active week for which there are currently no public downloads available.

#6

_________________
This posting, in its entirety, represents solely the perspective of the author.
*Secrecy has served us so well*

 Status: Offline
Profile     Report this post  
number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 25-Jul-2018 20:18:29
#600 ]
Elite Member
Joined: 25-Mar-2005
Posts: 11540
From: In the village

@number6

Nothing new.
Just need to link to the documents referred to in posts #595 and #597, since they are available for reading now and I had only mentioned them in a different thread. They belong here as well for continuity.

Source links for the news docs

#6

_________________
This posting, in its entirety, represents solely the perspective of the author.
*Secrecy has served us so well*

 Status: Offline
Profile     Report this post  
Goto page ( Previous Page 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 | 31 | 32 | 33 | 34 | 35 | 36 | 37 | 38 | 39 | 40 | 41 | 42 | 43 | 44 | 45 | 46 | 47 | 48 | 49 | 50 | 51 | 52 | 53 | 54 | 55 | 56 | 57 | 58 | 59 | 60 | 61 | 62 | 63 | 64 | 65 | 66 | 67 | 68 | 69 | 70 | 71 | 72 | 73 | 74 | 75 | 76 | 77 | 78 | 79 | 80 | 81 | 82 | 83 Next Page )

[ home ][ about us ][ privacy ] [ forums ][ classifieds ] [ links ][ news archive ] [ link to us ][ user account ]
Copyright (C) 2000 - 2019 Amigaworld.net.
Amigaworld.net was originally founded by David Doyle