@number6

I see some more mentions of ExecSG but only retating to SSollie. LinkedIN profiles are interesting. Do you have a link to the Trevor account?

@AP

They might want to fix their link at bottom:

http://www.a-eon.com/?page=x1000

what it used to say in January 2019

#6

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@Hypex

No idea. I only follow such things in terms of known recent changes, such as Ben's move from Monard Law to Artes.

#6

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Hi Everyone,

I am not a legal expert, but it seems to me that Amiga Inc failed to keep up with the trademarks, this violated the settlement, and in the end, I think Colanto is going to lose.

I really believe this is what a jury will say. If I was on the jury, that is what I would say. By Amiga inc not keeping up with the trademarks, this put Hyperions work (AmigaOS 4) at risk, and hence who could blame Hyperion for trying to protect there work. And Colanto was late to the party basically. Makes it look like they are suing to take away Hyperions work (AmigaOS 4).

As for the AmigaOne mark, If I was A-eon, it would be wise to protect yourself until this is settled, because maybe the ruiling will go the other way. I kind of wish A-eon would buy the whole thing including Colanto and Hyperion.

Yogi

@Yogi27

Quote:

I am not a legal expert, but it seems to me that Amiga Inc failed to keep up with the trademarks, this violated the settlement, and in the end, I think Colanto is going to lose.

I think you are only seeing what Hyperion want you to see. Also, it is not Hyperion vs Cloanto, but Hyperion vs all the Amiga parties, including the new acquisition company where everything (from Amiga, Inc. and Cloanto) should eventually merge in.

Hyperion have fought lawsuits against the Amiga companies for how long, 15 years? Hyperion owner Ben Hermans has been involved in Amiga lawsuits even before that (remember when he claimed MorphOS was done with OS 3.1 sources? and now his own expert witness claims the opposite and says "clean room"... haha!) So now they are fighting this Amiga acquisition. Lawsuits, lawsuits, lawsuits, I guess that's what happens when you are lawyer-controlled...

In order to sue, Hyperion needed to claim that there is a "material breach". So they claimed that the 2009 Settlement Agreement required the Amiga parties to renew the US Amiga trademark.

This construct has a flawed foundation: first, nowhere does the settlement agreement say that Amiga had to renew a certain trademark registration, and second, there is no provision in the settlement agreement that grants Hyperion the right of "self help" where they could engage in the numerous trademark registrations they initiated.

My lawyer friend says that Hyperion's trademark case is totally f***ed up, Hyperion went too far down this path, and that the sole thought that they are winning the case is crazy.

Now Hyperion is trying to distract from that, and present it as if the Amiga parties are evil losers and wanted to stop Amiga OS 3.1.4, etc. This is not true: the legal case had started well before 3.1.4, and the interpretation of "Software" is not important here. Hyperion may even score a point on that (I don't think so, I was there and remember it all was about settling for OS4), but it has no chance to win the trademark case, where it has violated the settlement agreement in dozens of ways. They will lose the case, and they know it, that's why they sell 3.1.4 as if there was no tomorrow. Hyperion will simply close once the lawsuit ends (they cannot afford to pay for all the costs and punitive damages, etc.), but at least in the meantime Timothy, Ben, or whoever is at the receiving end, made some quick money. This is my personal opinion.

As for AmigaOne, what I think happened is the following: three months ago, Robert Trevor Dickinson and Matthew Leaman decided to create a new company, called AmigaKit Ltd. I don't know why (they already had at least five other companies: 1, 2, 3, 4, 5), but for some reason they needed a new company again. This new AmigaKit company probably does not have a contract with Hyperion, which is needed to use "AmigaOne". For this reason, as they intended to move the hardware from a company that had signed the trademark agreement with Hyperion, to one that had not, they removed "AmigaOne".

Edit: NY link times out now, but you can search for Amiga Technology LLC.

Last edited by aria on 16-Jul-2019 at 04:49 AM.

@aria

Session expiration on 5.
To be clear: need exact company name to type into query for 5

[appreciate the quick reply/edit. thanks]

Oh, and could you be more specific about :
Quote:

I was there

I'm tired, but I really don't know what this refers to.

#6

Last edited by number6 on 16-Jul-2019 at 05:45 AM.
Last edited by number6 on 16-Jul-2019 at 04:19 AM.

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@Yogi27

Quote:

If I was on the jury, that is what I would say.

If you were on the jury, hopefully you would listen to the evidence and arguments before you decided what you were going to say!

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@aria

Quote:

This new AmigaKit company probably does not have a contract with Hyperion, which is needed to use "AmigaOne". For this reason, as they intended to move the hardware from a company that had signed the trademark agreement with Hyperion, to one that had not, they removed "AmigaOne".

Feels like a way to avoid burning their fingers in a tricky situation where you have a Belgian lawyer running about and sueing everybody's aunt and uncle.

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AmigaOne X5000/020 @ 2GHz / 4GB RAM / Radeon RX 560 / ESI Juli@ / AmigaOS 4.1 Final Edition
SAM440ep-flex @ 667MHz / 1GB RAM / Radeon 9250 / AmigaOS 4.1 Final Edition

Sigh! it seems my earlier post did not stop all the wild and interesting speculation.

OK in plain English. A-EON develops hardware under the AmigaOne brand for which is has a worldwide licence. The model number, such as X5000 is used to identify each individual machine. The Amiga.org webmaster, in his wisdom, decided to use the model number to make it easier for search engines to find the A-EON specific AmigaOne hardware.

Any and all future hardware that A-EON Technology develops for AmigaOS4.x will carry the AmigaOne brand. I hope that is the end to all the conspiracy theories but, somehow I doubt it.

TrevorD

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No, I don't need no reason, I'm just breezin'

@TrevorDick: Thank you for the explanation. But this explains only the Wiki-correction.

So if there is no change about the brand: Why is the brand-name removed from your company-website (A-EON)? And why is the brand removed on the website of your business partner and main-distributor AmigaKit?

Last edited by AP on 06-Jun-2021 at 10:03 PM.

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AmigaOne X5000/40, 2.2 Ghz, 4 GB RAM, Radeon R9 280X, M-Audio Revolution 5.1, 240 GB SSD

@TrevorDick

do not spoil our fun ;)

thanks for clarification

@OlafS25: Which clarification?

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@AP

"Any and all future hardware that A-EON Technology develops for AmigaOS4.x will carry the AmigaOne brand"

If he wrote that we have to believe him

It is still a wired decision to remove a brand name from all sites

@AP

"Any and all future hardware that A-EON Technology develops for AmigaOS4.x will carry the AmigaOne brand."

hmm.. make it easier for search engines using much less specific if not wholly unspecific name, while bothering to edit images to fit?
you might want to check again the google results..

@TrevorDick

you do not need to remove "AmigaOne" from your sites and all the others just to be indexed in search engines

Besides if someone searches for "Amiga" it is less propable that he finds your page

Last edited by OlafS25 on 16-Jul-2019 at 10:52 AM.

irrelevant

Last edited by AP on 06-Jun-2021 at 10:02 PM.

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@AP

I think too that the explanation is not really logic

to be found in a search engine you do not remove important keywords

but we cannot know if and what is happening

@AP

Quote:

but it´s obvious, that there is going something on behind the scenes.

Is it? How do you know that? Why not just read what Trevor writes more than once in this thread?

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@TrevorDick

How is it supposed to work as there is zero text with AmigaOne in A-Eon site?
AFAIK there is no other AmigaOne hardware produced than yours.