Commodore trademark has a new daddy

[Andre.Siegel]

I'm not a native English speaker, so could you please clarify if you claim to have an exclusive license to use the Boingball image? That would directly contradict AInc's settlement with Hyperion, that's why I'm asking.

The statement is actually very specific. I highlighted the important part:

"On Dec 22, 2011 Commodore USA, LLC and Amiga Inc. signed a new contract granting us EXCLUSIVE WORLDWIDE rights to ALL format computers branded with the Amiga trademark IP.

In their settlement with Hyperion Entertainment, Amiga granted the opposing party the right to use the Boing Ball logo in conjuction with a particular software product.

"Within the framework of the settlement agreement Hyperion is granted an exclusive, perpetual, worldwide right to AmigaOS 3.1 in order to use, develop, modify, commercialize, distribute and market AmigaOS 4.x ... under the exclusive trademark "AmigaOS" (Amiga operating system) and using other associated trademarks (such as the "BoingBall" logo)."

AFAIK, neither the check mark nor the letter A are registered trademarks in the US or Europe - I was actively searching for registered Amiga related trademarks a while ago. (..)

If they're not registered, any claims of ownership are on somewhat shacky ground IMHO.

I am afraid your opinion on this legal matter is a bit on shaky ground :-)

[takemehomegrandma]

I'm not a native English speaker, so could you please clarify if you claim to have an exclusive license to use the Boingball image? That would directly contradict AInc's settlement with Hyperion, that's why I'm asking.

Hyperion's contract with Amiga Inc grants them (during the lifetime of the contract) the exclusive right to use the marks "AmigaOne", "Amiga One", "AmigaOS" and "Amiga OS" for their OS4 and the hardware meant for it, but *nothing else*. And that's *all* they have exclusive! They can't call their products "Amiga 500" for example, and *certainly not* the plain word "Amiga" either, that's a no-no. Hyperion does also have the right to use the Boing Ball for this particular area of use (marketing OS4 and the HW meant for it *only*) as well, but that is a *non-exclusive* right.

See the "Definitions (g) Exclusive Licensed Marks" and "1. Grant (C)" sections of the Amiga Inc / Hyperion settlement

[Amiga_Nut]

So that's a big annoucement for them? ....ooooo...kaayy...  Now what?

A company selling fake 64s and planning to build fake Amigas buying the rights from a company doing absolutely nothing...  Wow! bright future ahead...

/end of huuuuuge sarcasm

They own the name, isn't that bad enough? Of all people to end up owning the rights to Commodore it is the one who's flagship product doesn't even have the foresight to come with 9pin to USB port adaptors or come with a single D64/TAP file or anything and a rubbish keyboard with no PETSCII graphics for the princely sum of just under $2000 for a $500 PC of the same CPU power?

We got screwed again

[dammy]

THE announcement...the worst kept secret in Amiga history.

What is THE announcement then?

Also you keep saying "haters" and it has never crossed your tiny, little mind that there are REASONS for that.

Because haters have to hate.

[dammy]

Serioisly, and I mean this as genuine advice, you and other C=USA people would be very well advised to stop with the news of announcements. It's one thing to put out a bit of hype but going on and on about how there's going to be an announcement just gets everybody fed up and not interested.

You're getting a reputation for hyperbole much more than a reputation for products, is that really what you want?

Seriously, go reread the article and see who posted it.  Hint, it wasn't C=USA staff nor myself.  When THE big announcement hits, I will post it to Amiga.org's News for approval less Barry or Leo beat me to it.

[TheDaddy]

What is THE announcement then?



Because haters have to hate.

I know. Do you? Or are you just pretending?

Nah, haters don't have to hate, hate is born out of a reason, dear me...are you for real?

[spihunter]

Hey Amiga.org owners. Can we move all C-USA related threads to it's own forum called something like " Amiga INC offshoots" that stays off the main page like AW.net has?. This is starting to turn into C-USA.org again....

[TheDaddy]

Hey Amiga.org owners. Can we move all C-USA related threads to it's own forum called something like " Amiga INC offshoots" that stays off the main page like AW.net has?. This is starting to turn into C-USA.org again....

Maybe it is already?!

[cgutjahr]

The statement is actually very specific.
In their settlement with Hyperion Entertainment, Amiga granted the opposing party the right to use the Boing Ball logo in conjuction with a particular software product.

Section 1, paragraph (c) of the Ainc/Hyperion settlement says:

Solely for the purpose of marketing, distributing and making available AmigaOS 4 and any hardware required or desired to operate with AmigaOS 4, the Amiga parties grant Hyperion [...] a non-exclusive, perpetual, worldwide and royalty-free, transferable right and license to use the "Boing Ball" logo mark.

In fact, an embossed Boing Ball on the front door and "Boing Ball keys" are the main selling points for the X1000 case and keyboard.

If Barry claims to have an exclusive license, something doesn't add up here.

I am afraid your opinion on this legal matter is a bit on shaky ground :-)

Then enlighten me, please I don't know how difficult or easy it is to defend a mark that was never registered and hasn't been in commercial use for more than a decade. If you have any pointers regarding that, I'd be interested.

[persia]

Why not just call the forum Commodore USA?  If people want to read it they can, if people want to ignore it they can.  The forum name is the name of the company, so there is no insult meant by it.  It just seems so simple.

The main purpose of this site is the Classic Amiga and it's descendants, which of course is not Commodore USA, which simply has the license to the trademarks.

[dammy]

The main purpose of this site is the Classic Amiga and it's descendants, which of course is not Commodore USA, which simply has the license to the trademarks.

So you are saying Commodore has no right to be talked about on the front page anymore?

[dammy]

I know. Do you? Or are you just pretending?

Why don't you tell us then?  Perhaps I don't know, come on, spill the beans!

Nah, haters don't have to hate, hate is born out of a reason, dear me...are you for real?

Then why are haters still having to hate?  C=USA has offered an olive branch, seems the haters rather spit on them instead of accepting that olive branch.

[Tension]

It looks like 2012 will be year where the amiga scene finally implodes.
When amiga.org closes that's the end of it for me.  It's been a long time coming anyway.

[TheDaddy]

Why don't you tell us then?  Perhaps I don't know, come on, spill the beans!



Then why are haters still having to hate?  C=USA has offered an olive branch, seems the haters rather spit on them instead of accepting that olive branch.

Can't say. I am not supposed to.

Why don't you just accept that because of what CUSA has done in the past some people can't accept olive branches. There are still some people left who have principles you know...

[Kronos]

Why don't you tell us then?  Perhaps I don't know, come on, spill the beans!



Then why are haters still having to hate?  C=USA has offered an olive branch, seems the haters rather spit on them instead of accepting that olive branch.

And the Greeks even offered a big wooden horse instead of just one measly twig ...

NotC=USA have burned the bridges themselves and looking at the quality of their current merchandise I wouldn't want to use any replacement bridge they might be trying to build.

[takemehomegrandma]

@persia, spihunter, etc

Could you please try keeping the discussion on-topic? Thank you.