@thread

After considerable delay:

Quote:

CORRECTION UNDER SECTION 7 – PROCESSED

Owner is now Amiga Corporation

This is the document link. Click "status" for the trademark assignment.

#6

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@thread

Notification of notice of publication of checkmark mailed yesterday

Note: I've heard some of the links don't function properly in all browsers.
If this happens, switch between the "status" and "documents" buttons at top, and select "expand all" to see more complete information.

#6

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@thread

same as prior post but for the Boing Ball mark

#6

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Progress!!!

@number6

Quote:

number6 wrote: @thread Notification of notice of publication of checkmark mailed yesterday Note: I've heard some of the links don't function properly in all browsers. If this happens, switch between the "status" and "documents" buttons at top, and select "expand all" to see more complete information. #6

So who do I call to loudly protest this trademark attempt?

I don't give a rats bum about the boingball, but the checkmark has been free (as in libre) forever, and been used by ANYONE since the 80s without any need for permission or license - it is pretty much public domain and should definetly NOT be "pwned" by any entity.

Last edited by kolla on 09-Jul-2021 at 09:01 AM.

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@kolla

Yes I agree, it be nice if many of trademarks be freed from cooperate abuse. Amiga is not just cooperating thing, it’s a community of makers and content creators as well.

Last edited by NutsAboutAmiga on 09-Jul-2021 at 09:52 AM.

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@kolla

You know the process, but perhaps others do not.

Once published the trademarks (checkmark/boing ball) would be open for opposition. So we'll have to wait to see what may happen on that front.

But to those who recall Hyperion filing for the Boing Ball trademark in the past , I'll repeat the link on abandonment of the Boing Ball trademark in 2020.

2nd 1/2 of the document

Document 17 (right side of page) is the actual resolution of the above.

So, to be clear, the current filing for the Boing Ball trademark is a new filing and assigned a new #.

You might also note that this "triad" of Amiga/checkmark/ball along with the Amiga Forever logo comprise what currently solely occupies the Amiga.com website.

#6

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@kolla

No design mark has ever been as closely associated with the Amiga line of products and the Amiga word mark as that particular checkmark logo.

The very first Amiga was absolutely covered by it, it was on the...


...box, on the...


...system disks, on the...


...software/manuals package, and on the...


...hardware itself! On the actual computer as well as the 1080 monitor, it was accompanied by the word mark "Amiga", but on the keyboard and on the external floppy drive the checkmark design mark was there completely stand-alone. This signifies how important this mark was.


The disk-icons of the Amiga system disks has had the checkmark design mark to signal "this is the Amiga system" since version branch 1, and this continued in version 2 and in version 3 as well.

The checkmark has also been part of Kickstart since 1991 with the version 2 branch...


...which continued in the version 3 branch...


...and Amiga Technologies even used the checkmark on the cover of their first AmigaOS 3.1 package and manuals...


It was only later that first Amiga International, Haage&Partner and then (later but more significantly) Hyperion started to use the Boing Ball design mark instead. This is kind of suiting, since the OS post-commodore was being rewritten/ported/updated by Olsen, and those new/different sources of an OS re-implementation of course resulted in different binaries than the old Commodore branch. This is what is used in OS4, so a migration to a Boing Ball logo there is kind of appropriate I think.

However, the (now a corporate group) Cloanto/Amiga Corporation published an updated OS complete with physical Kickstart ROM modules, that more or less re-implements AmigaOS 3.9 in a new parallel version to the stalled 3.9 (free of Haage&Partner) that in a few areas offers updated OS components and in a few other areas misses some bundled SW that came with H&P's OS3.9. And this version uses the checkmark design mark:


The checkmark is the single most well known Amiga associated design mark, it has been used from Amiga's launch in 1985 to this very date to brand and market products that Amiga Corporation/Cloanto since then has taken over (ownership and copyrights to HW, SW, OS, documentation, peripheral gear, etc), including the copyright of the actual checkmark image. I think it will be very easy to show this, and that the checkmark design mark has traditionally been used in combination with products branded with the Amiga word mark that Amiga Corporation/Cloanto also has taken over. The two goes in pair. The historic use case for the owner of Amiga using the checkmark in Amiga product marketing is very easy to show, all the way back from 1985, and it's even still used by Amiga Corp/Cloanto in products that is currently being sold today.

@TRIPOS

The A1000 box is sooo nice I hated the keyboard but the box is great.

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@all
Trademarks are used to protect consumers so they can quickly and easily identify the manufacturer of a product.

BigD Quote:

The A1000 box is sooo nice I hated the keyboard but the box is great.

The Amiga 1000 keyboard was good for 1985. Later Amiga keyboards had a better layout and more durable connectors but varied on feel. Amiga 500 keyboards were too mushy.

@TRIPOS

I didn’t say that they shouldn’t use it, I say it is three decades late to start trademarking it - everyone and anyone have been using it on magazines, web sites, T-shirts, caps etc. for decades without any legal squabbles - to register it NOW is TOO DAMN LATE!

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kolla Quote:

I didn’t say that they shouldn’t use it, I say it is three decades late to start trademarking it - everyone and anyone have been using it on magazines, web sites, T-shirts, caps etc. for decades without any legal squabbles - to register it NOW is TOO DAMN LATE!

Many trademark uses by magazines and web sites would be allowed as fair use. Apparel should be protected but most will say "Amiga" too. This is using the brand identification that was built up to make money and needs to be licensed. It's no different from using a Nintendo logo for example.

https://en.wikipedia.org/wiki/Trademark#Enforcing_rights

It's not too late to register the trademark if Amiga Corporation plans on using the mark again. It would be a good sign that they plan to be active again. It is logical to believe they are going to all this trouble and expense of bringing the Amiga together again to use the IP they have reassembled. Michele has the attitude and personality needed to work together too. He seems to be offering a round table where we can join forces instead of the black knight "None shall pass" attitude. I understand that the Amiga community is jaded after past Amiga businesses but we really have more to gain from near the bottom than lose so it would be wise to give him a chance.

Last edited by matthey on 10-Jul-2021 at 03:17 AM.

@matthey

This is very different from Nintendo who always have actively been protecting their brands at all times . Amiga, in all their incarcerations (even CBM) have NEVER protected, or even put a claim on the checkmark - rather the contrary, all focus has been on the boingball.

So what if they get it registered now, will they go after everyone who sell products with the Amiga checkmarks on it? Every T-shirt, sticker, PCB, mug … whatever sold with the checkmark on? Scan ebay and other places for sellers of “ticked” products? Whack-a-mole? Because that’s what they will have to do to show that they protect the brand. Morons. Why are there so many of them.

http://sg.aminet.net/docs/misc/Amiga-Trademarks.pdf

Notice the comment about the checkmark? Not even CBM bothered to register it.

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kolla Quote:

This is very different from Nintendo who always have actively been protecting their brands at all times . Amiga, in all their incarcerations (even CBM) have NEVER protected, or even put a claim on the checkmark - rather the contrary, all focus has been on the boingball.

As TRIPOS points out, the boingball is a newer logo for Amiga products. He also thinks "the checkmark is the single most well known Amiga associated design mark".

kolla Quote:

So what if they get it registered now, will they go after everyone who sell products with the Amiga checkmarks on it? Every T-shirt, sticker, PCB, mug … whatever sold with the checkmark on? Scan ebay and other places for sellers of “ticked” products? Whack-a-mole? Because that’s what they will have to do to show that they protect the brand. Morons. Why are there so many of them.

It shouldn't be necessary to go after everyone using a checkmark logo, just major trademark infringers making money.

kolla Quote:

http://sg.aminet.net/docs/misc/Amiga-Trademarks.pdf Notice the comment about the checkmark? Not even CBM bothered to register it.

CBM was big and powerful so few companies challenged their IP marks. Today, there are several Amiga businesses challenging ownership of Amiga related marks.

My friends,

only a madman foaming at the mouth, rolling in mounds of trash, and howling at the passersby would adopt the "boing ball" as a logo.

It was never designed as a logo.
It was a 3d object, part of a tech demo.
It follows no design rules.

That utterly moronic choice alone should have been an ominous sign of the things to come.

Alas, leave such choices to the scum that roams the dark alleys of the Internet, and that's what you get. That, or even more abhorrent stuff like this nightmare made png.

Or that monument to awkwardness that is Aros' sexy-bdsm-mistress-humanoid-(furry?)-cat.

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Quote:

That, or even more abhorrent stuff like this nightmare made png.

I believe that logo was indeed show inclusion, different Amiga logos used at different times.

The furry logo is nothing

AMI ITX PCB

Last edited by NutsAboutAmiga on 10-Jul-2021 at 07:33 PM.
Last edited by NutsAboutAmiga on 10-Jul-2021 at 07:33 PM.
Last edited by NutsAboutAmiga on 10-Jul-2021 at 07:31 PM.
Last edited by NutsAboutAmiga on 10-Jul-2021 at 07:31 PM.

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@NutsAboutAmiga

Many companies have used woman's body shape.

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@Hammer

True but this reminds of Amsterdam. Yes I know pop stars dress like this now.

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@kolla

Quote:

Notice the comment about the checkmark? Not even CBM bothered to register it.

CBM didn't face Amigakit, who's registering everything they can get their hands on, including gems like "Amiga Gotek". They also didn't have to deal with Ben Hermans, who for a while tried to register "Amiga", "AmigaOS", "AmigaOne", "Workbench" and "Amiga Forever" all over the place, to make life (and negotiations) harder and more expensive for Battilana.

And while the checkmark was not registered until recently (as far as I know), it has been in constant commercial for a decade - at least I'm pretty sure that Cloanto's ROMs are still using the Checkmark in the Kickstart screen. That would mean it was protected anyway.

@cgutjahr

Countless people and companies have sold items with the checkmark on it - from A1200.net cases’ stickers, replacement PCBs, emulator packages (not just Cloanto), keyboards, cases for raspberry pi and various fpga boards… it has been that ONE symbol one could use without fear of any kind of legal retaliation… for more than thirty years.

That Cloanto too have been using it, for more than 25 years, without registering it, just proves the point. AmigaKit are fully in their right to use it, just like everyone else.

Last edited by kolla on 11-Jul-2021 at 06:44 PM.

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