@number6

AMINO admits .....
AMINO admits .......
....
...
...
AMINO admits...

But ........

@ribdevil

Count IV item 122.

Further below Amino asks the court to null the contract because of "lack of meeting of the minds".
Amino is requesting a trial, same as Cloanto.

It'll be fun.

Last edited by Nonefornow on 22-Aug-2018 at 10:06 PM.

@Nonefornow

Given all the references in the Amino document to Hyperion's amended complaint, I'll repost that link for anyone wishing to cross reference these 2 docs:

Hyperion amended complaint of April 12, 2018

#6

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@Nonefornow

Amino tries to nullify the settlement agreement, if I understand this right?

@hth313

Yup, same with Hyperion. That's Hyperion's argument, that the other parties have defaulted on the agreement due to not keeping the "Amiga" trademark registered in the US. Thus all rights default to them. They seem to be afraid that Cloanto is trying to do the same by registering the lapsed "Amiga" trademark. At least from reading the court documents.
So, the paper tigers fight.

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@Argo

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AmigaNG, YouTube, LeaveReality Studio

@thread

Cloanto withdraws motion to dismiss

#6

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@thread

You might recall from this thread that the Amiga (euipo) trademark was renewed by Amiga Inc.

Interestng to note that neither Cloanto nor Heinz-Alexander Drews withdrew their own applications after the Amiga renewal.

In fact, new paperwork has been filed regarding both filings.

time limit extension-Drews for his filing for Amiga

12 days ago an extension of time Drews opposition of the Cloanto filing for Amiga

link back to cbmamiga source on Drews for reference

replaced now bad link from prior report with archive link

#6

Last edited by number6 on 28-Aug-2018 at 05:04 PM.
Last edited by number6 on 28-Aug-2018 at 04:16 PM.

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@thread

Joint status report signed by all parties.

estimated Trial Days: 5

#6

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@number6

What is the starting date?

@kamelit0

Quote:

What is the starting date?

ORDER SETTING TRIAL DATE AND RELATED DATES

#6

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@number6

Thanks, I thought that it would be sooner than that!

@kamelit0

From reading the court documents it seems that Cloanto haven't been allowed to register 'Amiga' which what they attempted to do. Document reasserts Hyperion's exclusive rights to AmigaOS and AmigaONE, with and without spaces .

https://www.courtlistener.com/recap/gov.uscourts.wawd.256770/gov.uscourts.wawd.256770.7.0.pdf

Seems a company in the UK has also tried to register 'Amiga', My Retro Computer LTD. This looks like their website, apparently they bought what was left of CommodoreUSA: http://www.myretrocomputer.com/about-us.html

Last edited by dan.hutch on 27-Sep-2018 at 11:53 AM.

@TRIPOS

Quote:

Cloanto owning the domain would make sense since they own Amiga.

Not according to the court documents, they have some non-exclusive licenses to the software.

@dan.hutch

Quote:

Seems a company in the UK has also tried to register 'Amiga', My Retro Computer LTD.

"had", not "has".

reported after initial filing

reported when abandoned

Live/Dead Indicator DEAD-Abandonment Date April 3, 2018

#6

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@dan.hutch

Quote:

Not according to the court documents, they have some non-exclusive licenses to the software.

And Hyperion claims exclusive rights. Of course it is not possible for one party to have exclusive rights and another party to have non-exclusive rights on the same thing.

Last edited by kolla on 28-Sep-2018 at 06:45 AM.

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@dan.hutch

Quote:

dan.hutch wrote: @TRIPOS Quote: Cloanto [...] own Amiga. Not according to the court documents, they have some non-exclusive licenses to the software.

Just so that we are on the same page here; with "court documents" you mean the one (from 12th of April) you linked to, which basically expresses Hyperion's opinion on the matter?

Cloanto's ownership is even recorded in USPTO's copyright register since years. Cloanto has also registered the trademark "Amiga" in the US. It's opposed, sure, but it's also as registered as it could possibly be under the circumstances.

No other entity exists on this planet that owns Amiga more than Cloanto does...

@thread

A lot to catch up with.
Unfortunately following the lawsuit has taken precedence over reporting on trademarks.

Reported first in May. 2017 - Cloanto's filing to register Workbench (euipo)
Source

This was resolved September 20, 2018 according to the documentation. Oddly, 1 week before Hyperion Entertainment released AmigaOS 3.1.4.

Decision

Quote:

1. Opposition No B 2 937 293 is upheld for all the contested goods. 2. International registration No 1 338 754 is entirely refused protection in respect of the European Union. 3. The holder bears the costs, fixed at EUR 620.

Opposition refers to opposer Hyperion Entertainment. Holder refers to Cloanto.

Those of you who followed this, know that Hyperion also filed for Workbench.
Cloanto originally opposed that filing, then later withdrew their opposition.
Source

#6

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@thread

Cloanto filing for Amiga (euipo)

Becoming a popular date - September 20, 2018

French Lottery withdraws opposition to Cloanto filing for Amiga (euipo)

Opposition of Drews remains open

And Drews filing for Amiga (euipo), which prior the French lottery had dropped opposition to, shows new activity from the remaining opposer Hyperion Entertainment.

just days ago

And for reference, the Amiga Inc. renewal of the above Amiga trademark (euipo), which makes for questions about both the Cloanto and Drews filings for an already registered/renewed trademark.
Source

#6

Last edited by number6 on 17-Oct-2018 at 09:46 PM.

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@thread

Filing for Amiga in Germany by Hyperion Entertainment.

prior report that opposition period had ended

16 days later that seemed to have changed. (see link in above post)
Quote:

Opposition proceedings are ongoing / objections raised

#6

Last edited by number6 on 17-Oct-2018 at 10:01 PM.

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