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Author Topic: Infringement of AmigaOS trademark  (Read 17529 times)

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Offline RobertJDohnert

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Re: Infringement of AmigaOS trademark
« on: February 20, 2014, 02:52:12 AM »
First, Amiga and Amigo are two different words so there is no likelihood for confusion.  The Amiga is a retro operating system, that no one in consumer technology space knows even exists anymore except for us few.

There is no likelihood for confusion because the Amigo OS is bundled with a phone that no one believes is an Amiga.  But I concede that if they named the phone AmigoOne THEN, Bill and Darren have a right that they could huff and puff a little but the likelihood of a lawsuit.  Well you have to have money lawsuits are expensive.

Lets face it, Amiga Inc and their products are not for retail order but are sold through the web. Will they overlap each other?  All technology overlaps one another but for those that want a portable Amiga.  Well, Amiga Inc and Hyperion have not been able to market a portable product.  I personally dont see a case but I think Hyperion and Amiga Inc have better things they could spend their remaining funds on rather than engaging in a lawsuit that will probably outlive both companies.

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Lead Developer: Black Lab Linux http://www.blacklablinux.org
Lead Developer: Ami/LX http://amilx.blogspot.com
 

Offline RobertJDohnert

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Re: Infringement of AmigaOS trademark
« Reply #1 on: February 25, 2014, 04:22:33 AM »
Actually, they didnt stop me.  I stopped myself because I realized what an incredible dead end it was.  Sure, I could have cashed in on nostalgia but seeing how Amiga Inc and Hyperion had abused and misrepresented the brand it was a dead end.  Could I rebuild A brand called Amiga?  Sure but that would take a lot of effort, money, and time.  And in order to be totally independant of the screwball that represent AmigaOS now, I would have to wait for both companies to die and as long as they just have enough to keep a domain name and a post office box, then I would be associated with them and both would have to be gone to establish disassociation.

AmigaOS, AmigaOne are eligible for trademark, they are unique descriptors.  You cannot trademark generic terms or generic objects, like a checkered ball.  Used all over the place, the word Amiga is a generic term for female friend, you cant trademark that and besides in the US the trademarks are dead and they would be invalidated.

I have offered Mr. Cohen and Mr. Hermans ample oppurtunity to go to court with me and lets put it to the test, as of yet they are unwilling to do that.

Go ahead and shake your chains, make your claims.  Its not going to change the facts.  You are free to live in whatever  alternate reality you would like.

Quote from: yssing;759625
Well I do think it is fairly obvious that different OS's can't have the same name.

And also, after the long legal battle Hyperion had, and all the money used on it, they should defend their rights. If not,  it would have been a waste of time and money.

Obviously they do defend it, if not, a guy like Black Lab Linux could have kept using the amiga name. Thankfully that was stopped.
 

Offline RobertJDohnert

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Re: Infringement of AmigaOS trademark
« Reply #2 on: March 01, 2014, 10:21:15 PM »
Quote from: Minuous;759808
That is obviously completely wrong, as Amiga was a registered trademark of Commodore-Amiga, etc. for many years.


Actually, it was Commodore Amiga, two words that met the criteria.  Commodore Amiga is not generic, Amiga is.
 

Offline RobertJDohnert

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Re: Infringement of AmigaOS trademark
« Reply #3 on: March 02, 2014, 04:47:25 AM »
Quote from: Minuous;759995
No, you are still wrong. The *entire* phrase (quoting from official Amiga documentation, eg. "Using the System Software" manual) is "Amiga is a registered trademark of Commodore-Amiga, Inc.".


Actually, No Im not but none of this matters considering Bill McEwen, nor Ben Hermans has the balls to take me or anyone else to court to try and defend something they know they CANNOT.  So, unless you have anything of real substance.  Dont call me I'll call YOU.
 

Offline RobertJDohnert

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Re: Infringement of AmigaOS trademark
« Reply #4 on: March 02, 2014, 04:48:19 AM »
This has turned into a redundant argument because NO ONE CARES.