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      /  Amiga Inc. Loses U.S. Trademarks
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PosterThread
number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 26-Apr-2019 15:07:41
#941 ]
Elite Member
Joined: 25-Mar-2005
Posts: 10615
From: In the village

@thread

ORDER denying Plaintiffs'67 Motion for Partial Reconsideration.

Basically C-A Acquisitions Corporation still refused to be enjoined as party to the lawsuit.
Plus some mentions about delays in scheduling.

Quote:
depositions needed to be rescheduled to accommodate medical
and family issues; and discovery deadlines were extended.


Also interesting to note this comment which obviously refers to the Kouri estate:
Quote:
Plaintiffs blame the delay in acquiring the rights on the law firm of Reed Smith, which was acting on behalf of the largest shareholders in Amiga, Inc., the seller.

And this acknowledgement about Amiga websites:
Quote:
Amiga’s intellectual property assets would have been promptly reported on the various Amiga-related news sites that have been following this case, thereby running the certain risk of inviting other bidders

#6

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pavlor 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 26-Apr-2019 15:49:14
#942 ]
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Joined: 10-Jul-2005
Posts: 8977
From: Unknown

@number6

They know we are watching this show.

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 26-Apr-2019 15:58:53
#943 ]
Elite Member
Joined: 25-Mar-2005
Posts: 10615
From: In the village

@pavlor

Not just this "show", but also the trademarks. heh.

(1) Drews "suspended" opposition to the Cloanto filing for Amiga (euipo)

https://euipo.europa.eu/eSearch/#details/trademarks/017543752

(2) A letter went out from the registry regarding the Drews filing for Amiga to both Drews and Hyperion who had filed an appeal after losing opposition.

https://euipo.europa.eu/eSearch/#details/trademarks/017159377

#6

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 27-Apr-2019 13:33:06
#944 ]
Elite Member
Joined: 25-Mar-2005
Posts: 10615
From: In the village

@number6

Odd.

Since I reported the correspondence information yesterday in the 2 links (above), all correspondence is now missing from both trademark filings.
The message for both reads:
Quote:
No data available in table


#6

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 6-May-2019 22:58:55
#945 ]
Elite Member
Joined: 25-Mar-2005
Posts: 10615
From: In the village

@number6

Just a brief summary of the main trademark "Amiga" in the U.S. (uspto) and Europe (euipo), since another status update was posted today.

In the U.S. (uspto) the Itec LLC objection to the Cloanto filing for "Amiga" = suspended
In the U.S. (uspto) the Hyperion Entertainment C.V.B.A. objection to the Cloanto filing for "Amiga" = suspended

In Europe the Drews objection to the Cloanto filing for "Amiga" = suspended
In Europe the Hyperion Entertainment C.V.B.A. appeal (after the objection to the Drews filing for "Amiga" was rejected) = Open

Source for last entry
To see the last entry go to "appeals", click icon left of the filing number, and go to "status history".

The entire Drews history is best seen by this document (note:clicking this link will download the .pdf):
https://euipo.europa.eu/copla/trademark/data/01715937/download/CLW/APL/2019/EN/20190430_R0412_2019-5.pdf?app=esearch&casenum=R0412/2019-5&trTypeDoc=NA

Basically this all means the only thing that matters is the resolution of the lawsuit. At that time there is to be notice sent to uspto and euipo as to resolution. After that there will no doubt be final status posted as to the above marks.

Until then, "Amiga" remains registered trademark (euipo) of C-A Acquisition Corporation as does "Powered By Amiga"

Any additions or corrections welcome.

Added: Just noting something missed in 2017.
https://www.boip.int/en/trademarks-register
Enter: "AmigaOne"

This Benelux registration took place after the filings and registration of "AmigaOS", "Amiga Forever", and "Workbench" by Hyperion Entertainment.
Apologies for missing this earlier.

#6

Last edited by number6 on 07-May-2019 at 12:23 AM.
Last edited by number6 on 07-May-2019 at 12:21 AM.

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 13-May-2019 14:56:04
#946 ]
Elite Member
Joined: 25-Mar-2005
Posts: 10615
From: In the village

@thread

Newish lawsuit filed in May, 2019:

C-A Acquisition Corp et al v. Hyperion Entertainment CVBA

same with more info from Pacer

#6

Last edited by number6 on 13-May-2019 at 03:01 PM.
Last edited by number6 on 13-May-2019 at 02:57 PM.

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 17-May-2019 14:41:39
#947 ]
Elite Member
Joined: 25-Mar-2005
Posts: 10615
From: In the village

@thread

Drews application for Amiga trademark (euipo) now officially 'refused'

Appeal closed.

#6

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 20-May-2019 13:46:59
#948 ]
Elite Member
Joined: 25-Mar-2005
Posts: 10615
From: In the village

@thread

Recent activity with document link

more mainstream and brief

#6

Last edited by number6 on 20-May-2019 at 04:29 PM.

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number6 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 20-May-2019 16:52:15
#949 ]
Elite Member
Joined: 25-Mar-2005
Posts: 10615
From: In the village

@number6

Re:post 945

Quote:
In the U.S. (uspto) the Itec LLC objection to the Cloanto filing for "Amiga" = suspended


http://ttabvue.uspto.gov/ttabvue/v?pno=91237599

15 05/14/2019 TERMINATED
14 05/14/2019 BD DECISION: OPP DISMISSED W/ PREJ
13 05/13/2019 W/DRAW OF OPPOSITION

#6

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amigang 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 20-May-2019 17:01:31
#950 ]
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Joined: 12-Jan-2005
Posts: 1445
From: Cheshire, England

@number6

thanks for keeping up with developments

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Lou 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 20-May-2019 17:56:38
#951 ]
Elite Member
Joined: 2-Nov-2004
Posts: 3954
From: Rhode Island

Seems like Mike B. is taking some hits but I somewhat see this as the judges trying to give the underdog a fighting chance.

But that's just my opinion.

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bison 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 20-May-2019 18:04:24
#952 ]
Super Member
Joined: 18-Dec-2007
Posts: 1328
From: N-Space

@amigang



I hope there are free refills on that Pepsi.

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JimIgou 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 20-May-2019 20:48:20
#953 ]
Member
Joined: 30-May-2018
Posts: 98
From: Unknown

@Lou

Mike was naive. Hyperion is the sole entity licensed to develop from OS3.1 source code. Whether you call it OS4, OS5, or OS 3.1.4 - they would all be derived from OS3.1.

He'll be lucky if Ben doesn't counter with a lawsuit covering OS3.x.

It appears Cloanto owns some trademarks, and the right to vend outdated Amiga OS variants.

That actually gives Mike some useful assets.

Unlike Aeon, he could actually sell a computer carrying an Amiga logo, not just AmigaOne.

Now we need to pull this all together.
Bill Buck suggested to me a few months ago that it could still happen IF we all cooperate.

And BTW, he doesn't seem to hold nearly as much animosity toward Ben as many of you do.

No wonder Jens is leaving this market, rabid fanatics, no cooperation, and no generosity for difficult endeavors.

Last edited by JimIgou on 20-May-2019 at 10:51 PM.

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ne_one 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 22-May-2019 1:52:55
#954 ]
Cult Member
Joined: 13-Jun-2005
Posts: 862
From: Unknown

@JimIgou

Quote:
And BTW, he doesn't seem to hold nearly as much animosity toward Ben as many of you do. No wonder Jens is leaving this market, rabid fanatics, no cooperation, and no generosity for difficult endeavors.


Implying that the community is ultimately responsible for two decades of charlatanism?

Gee, if they all just cooperated, everything would be super awesome once again.

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fishy_fis 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 22-May-2019 2:52:24
#955 ]
Super Member
Joined: 29-Mar-2004
Posts: 1834
From: Australia

All this fuss over a retro platform.

Its pure insanity.

The system is further behind mainstream, affordable options now than it has ever been.
Even things like x5000 are nothing more than retro. Insanely expensive, but retro and completely and utterly destroyed by systems that people now throw away in both software and hardware.

Not to say a person can't enjoy them still, but surely it's clear by now that there's no coming back? The systems, all of them, be it AOS3.x, AOS4.x, MOS, or AROS are clearly permanently delegated to the role of retro and will remain that way until the end of time. Most software can no longer even be ported, such is their archaic nature. All we have to look forward to is more retro software.
Thats fine, it can be fun, but how much are people willing to spend on that?

Seems the platform really is dead. Those that remain are just having trouble leaving the funeral

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ferrels 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 22-May-2019 6:22:38
#956 ]
Cult Member
Joined: 20-Oct-2005
Posts: 801
From: Arizona

@fishy_fis



Quote:
by fishy_fis on 21-May-2019 19:52:24 All this fuss over a retro platform. Its pure insanity. The system is further behind mainstream, affordable options now than it has ever been. Even things like x5000 are nothing more than retro. Insanely expensive, but retro and completely and utterly destroyed by systems that people now throw away in both software and hardware. Not to say a person can't enjoy them still, but surely it's clear by now that there's no coming back? The systems, all of them, be it AOS3.x, AOS4.x, MOS, or AROS are clearly permanently delegated to the role of retro and will remain that way until the end of time. Most software can no longer even be ported, such is their archaic nature. All we have to look forward to is more retro software. Thats fine, it can be fun, but how much are people willing to spend on that? Seems the platform really is dead. Those that remain are just having trouble leaving the funeral


AMEN!

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Snorg 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 22-May-2019 9:28:25
#957 ]
Member
Joined: 1-Feb-2018
Posts: 88
From: Unknown

@JimIgou

Quote:
Hyperion is the sole entity licensed to develop from OS3.1 source code.

Can you back up that statement? That is not my understanding of the settlement - it expressly did not override any existing agreements amongst the relevant parties.

Quote:
Whether you call it OS4, OS5, or OS 3.1.4 - they would all be derived from OS3.1.

The terms of the license allow for development based upon 3.1, branded as Amiga OS (whatever, now 4) for "the OS developed by Hyperion", not the OSes (plural) developed by Hyperion. Perhaps, had they branded it ("3.1.4") as e.g. "Hyperion OS", there would have been no (or likely a different!) legal dispute.

Hyperion walked, eyes open, into this mess, dragging everyone else into it with them.

Who knows what the court will decide, though.

Last edited by Snorg on 22-May-2019 at 09:47 AM.
Last edited by Snorg on 22-May-2019 at 09:40 AM.
Last edited by Snorg on 22-May-2019 at 09:35 AM.

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Snorg 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 22-May-2019 9:32:23
#958 ]
Member
Joined: 1-Feb-2018
Posts: 88
From: Unknown

@fishy_fis

Can't argue with any of that, fishy_fis, except the funeral is more of a wake (in which the family feuds).

That's fine, but it's always a question of keeping the best and letting go of the rest...

Last edited by Snorg on 22-May-2019 at 09:43 AM.

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Trixie 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 22-May-2019 9:40:49
#959 ]
Amiga Developer Team
Joined: 1-Sep-2003
Posts: 1776
From: Czech Republic

@Snorg

Quote:
Who knows what the court will decide, though.

At any rate, Hyperion seem to be feeling pretty confident in the current court matters, one particular sign of this being the recent purchase of ReAction from the original authors. They wouldn't have spent the money if they felt they can't win.

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g01df1sh 
Re: Cloanto acquire Amiga Inc Trademark
Posted on 22-May-2019 10:31:27
#960 ]
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Joined: 16-Apr-2009
Posts: 1645
From: UK

This is going on longer than Brexit. How much longer before we will know the out come of all this mess. Maybe they will ask for a extension so they can come up with a deal that both sides cant agree on LOL

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