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Author Topic: C-A Acquisition Corp. vs. Hyperion Ent.  (Read 11779 times)

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Offline number6

Re: C-A Acquisition Corp. vs. Hyperion Ent.
« on: November 26, 2019, 04:04:55 PM »
Now he could technically run into the courtroom five minutes before closing time and go "I'm here! I'm awake! What was the question again?" but what impression would that make on a judge?

I'm not a legal expert and can only go on what i have read on the internet, including various official sources.  It would seem that filing a motion to have the default judgement vacated or set aside would be a little more formal and the time period in which to do so would be a little longer than you seem to imply.

I'm not sure I understand what you are trying to convey here, but I'll add this in case it clarifies:

Quote
Plaintiffs so move because Defendant Hyperion Entertainment CVBA (“Hyperion”) has declined
to accept service of the Summons and Complaint in this action
and
Quote
On August 12, 2019, Ms. Elsden advised Plaintiffs’ counsel that her firm had not
been retained to represent Hyperion in this action.
 Consequently, no appearance has been filed by anyone on behalf of Hyperion.

Source

Also note that a few days after the above  (August 29, 2019) there began numerous weekly motions to compel in the contract case as well:
Source by date

In short the delays and refusals to respond have been going on since June, 2019.

#6
 

Offline number6

Re: C-A Acquisition Corp. vs. Hyperion Ent.
« Reply #1 on: December 02, 2019, 05:34:04 PM »
@thread

While those who have followed the lawsuits have a fairly firm understanding of what is transpiring, the thought hit me that the "casual" reader of such a thread as this one might be somewhat confused. So...
Just to clarify again, it is the "trademark" lawsuit where the default judgment was issued. While the "contract" case had many repeated motions to compel response (as I noted in prior posting), this case has currently had no such judgment issued by the court.

Based on logic which may not apply here, it is "likely" that Hyperion will use whatever resources it may have to pursue the "contract" case, but not the "trademark" case. Recent talks by Hyperion (q/a from Amiga34) strongly indicate a stance of ownership of AmigaOS in total. There has not, to the best of my knowledge, been any such claims concerning the Amiga trademark(s).

Source talk and q/a by Timothy De Groote at Amiga34

#6
 

Offline number6

Re: C-A Acquisition Corp. vs. Hyperion Ent.
« Reply #2 on: December 03, 2019, 02:20:20 PM »
Really, is another thread going down the drain.

I dont agree with some of whats said, but that said, like every one else is my right. Some of us have said our pieces and its been civil"ish". Some posts are close to the line, but come on. Lets not kill yet another thread.

This is just an unfortunate by-product of the legal activity. Since neither side is allowed by their attorneys to convey strategies or status, the argumentation naturally turned to supporters of different philosophies going after one another.
Trust me on this. Neither side in unaware of how this further tears the community apart. We saw this same pattern of behavior materialize in the 2007-2009 lawsuit and this is scarcely different in its effects.

It comes down to the individual as to whether they wish to continue to let the stances of the parent companies dictate their own behavior in this matter.

#6