@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

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Not to mention that this "Amiga" application was withdrawn well before the amended claim of April 12, 2018 was filed, which your attorney must certainly have known.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

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@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

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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.

@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.

When was the first time it was called Amiga OS.

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@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

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@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

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@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.

@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

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@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

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@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.

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@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

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@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

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@thread

Dismiss for Failure to State a Claim & Declaration

and

Response to Motion

#6

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@number6

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

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@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.

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@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.

@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

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@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

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