Cloanto sues Hyperion
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    Andreas_Wolf
    Posts: 12113 from 2003/5/22
    From: Germany
    > trademark news

    Thanks. So Amiga Corp., the owner of the Amiga trademark, has registered the mark in the EU, while Cloanto Corp., who licensed the mark from Amiga Corp., has registered it in the US?
  • »17.02.21 - 09:33
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    number6
    Posts: 480 from 2008/8/10
    Quote:

    Andreas_Wolf wrote:
    > trademark news

    Thanks. So Amiga Corp., the owner of the Amiga trademark, has registered the mark in the EU, while Cloanto Corp., who licensed the mark from Amiga Corp., has registered it in the US?


    hopefully clears up some confusion

    Bottom line is that the assignment to Amiga Corporation will take place. I'm informed it's a matter of just days.(It's a uspto issue basically).

    As I understand it, the actual registration document I linked to will also be amended to reflect Amiga Corporation.

    Take care. Stay well,

    #6
  • »17.02.21 - 20:57
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    Andreas_Wolf
    Posts: 12113 from 2003/5/22
    From: Germany
    > hopefully clears up some confusion

    Indeed, it does. Thanks again (and sorry for not reading carefully enough, your comment #8 was already in that thread when you linked to it).
  • »17.02.21 - 23:19
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    number6
    Posts: 480 from 2008/8/10
    Quote:

    Andreas_Wolf wrote:
    > hopefully clears up some confusion

    Indeed, it does. Thanks again (and sorry for not reading carefully enough, your comment #8 was already in that thread when you linked to it).


    Basically what I reported, but in the form of a news article:

    AmigaNews (english]

    AmigaNews (german)

    The German version is acquiring the expected amount of speculation (in comments) as to what this all means. Might be of interest to some. Personally I find much inaccuracy.

    #6
  • »18.02.21 - 13:38
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    Andreas_Wolf
    Posts: 12113 from 2003/5/22
    From: Germany
    > AmigaNews (german)
    > The German version is acquiring the expected amount of speculation (in
    > comments) as to what this all means. [...] Personally I find much inaccuracy.

    In the comments? That's to be expected ;-)
  • »18.02.21 - 19:56
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    number6
    Posts: 480 from 2008/8/10
    Quote:

    Andreas_Wolf wrote:
    > AmigaNews (german)
    > The German version is acquiring the expected amount of speculation (in
    > comments) as to what this all means. [...] Personally I find much inaccuracy.

    In the comments? That's to be expected ;-)


    heh. yes. I should have said "in the comments".
    I make some effort to ask for amendments and corrections. Having received none, I have faith the story itself was reported accurately.

    #6
  • »19.02.21 - 14:49
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    number6
    Posts: 480 from 2008/8/10
    @thread

    Detail

    #6
  • »20.03.21 - 11:36
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    Andreas_Wolf
    Posts: 12113 from 2003/5/22
    From: Germany
    > Detail

    From #105:
    "Exhibit C of the Hermans Declaration contains copies of two trademark assignments from Amiga to C-A Acquisition dated August 24, 2012."

    From #106:
    "Attached hereto as Exhibit C are true and correct copies of two trademark assignments from Amiga, Inc. to C-A Acquisition dated August 24, 2012."

    C-A Acquisition in 2012? Interesting, to say the least.
  • »20.03.21 - 18:14
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    number6
    Posts: 480 from 2008/8/10
    Quote:

    Andreas_Wolf wrote:
    > Detail

    From #105:
    "Exhibit C of the Hermans Declaration contains copies of two trademark assignments from Amiga to C-A Acquisition dated August 24, 2012."

    From #106:
    "Attached hereto as Exhibit C are true and correct copies of two trademark assignments from Amiga, Inc. to C-A Acquisition dated August 24, 2012."

    C-A Acquisition in 2012? Interesting, to say the least.


    Clerical error perhaps. I've seen them before.

    Added older example:
    Source

    under "COMPLAINT FOR COPYRIGHT INFRINGEMENT AND TRADEMARK INFRINGEMENT"
    section 12.

    "At that point, Cloanto and Amiga’s principal, Bill McEwan"

    Apparently clerical errors don't count for much. I asked...

    Another addition to clarify Andreas Wolf's reaction for those who don't follow this:
    "On November 28, 2018, a new entity, C-A Acquisition Corporation, was formed."

    Source under "B"

    #6
  • »20.03.21 - 18:29
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    Andreas_Wolf
    Posts: 12113 from 2003/5/22
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    > Clerical error perhaps. I've seen them before.

    Me too :-)
  • »20.03.21 - 20:45
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    Quote:

    Andreas_Wolf wrote:
    > Clerical error perhaps. I've seen them before.

    Me too :-)




    AmigaNews story

    #6
  • »21.03.21 - 22:15
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    number6
    Posts: 480 from 2008/8/10
    Quote:

    number6 wrote:
    Quote:

    Andreas_Wolf wrote:
    > Kickstart-34.4.rom is a 1.3 rom version. Included in AmigOS 4.1 Update 4,
    > released for download 22 December 2011 .

    Thanks. So if we are to follow Cloanto's pattern of argument further than Cloanto does, Hyperion must have been infringing on Cloanto's copyright (supposedly obtained from Amiga Inc. in 2011/2012) since exactly that time.


    Not that it matters, but the cinemaware deal was 2010, including Manomio's negotiations for required IP.

    Manomio CTO Stuart Carnie

    Quote:

    Manomio is legally licensing the required intellectual property

    Source of quote above & vid/demo showing 1.3 image

    I fully understand your putting more weight on the 1.3 ROM discussed above, but I feel it's also fair to ask "who licensed what to Manomio?" back in 2010 as well.

    #6


    It's evident I need not ask "who licensed what to Manomio" again given that we have legal admittance.

    Quote:

    Hermans responded that Hyperion “did license
    the Kickstart to Manomio” and, plainly ignoring the specific grants in the Settlement Agreement,


    Source

    It might be a stretch to state this affected Cinemaware as well, but since they were sued shortly thereafter and involved with the Hyperion/Manomio deal, I think it is fair to conclude since this affected Manomio, it might have affected Cinemaware as well. You can be sure developers were never paid either for this epic fail.

    #6
  • »22.03.21 - 14:06
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    Andreas_Wolf
    Posts: 12113 from 2003/5/22
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    > Following post is direct link to Amiga Parties' response.

    "Cloanto’s owner, Mike Battilana, has been an Amiga software developer since 1986 [...], and Hyperion had nothing at all to do with Amiga until 15 years later."

    Just a small inaccuracy, but would have been easy to get right.
  • »07.04.21 - 12:13
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