Professionally published homebrew games.

[RobertJDohnert]

They were using trademarks belonging to Amiga Inc it was pretty obvious they hadn't licensed those marks.  AmigaKit said the thread would be unlocked if the guy provided them with evidence of license for those marks.  If Amigakit allowed the guy to continue using this site to promote an unlicensed product it could well end up with Amiga Inc taking legal action against the site.

Actually that would fall under CommodoreUSA, it was their product and their trademark.  So Amiga Inc. really has nothing to do with it.  If c64 wants to try and acquire a license for the Amiga Mini name I would encourage him to contact Jeremy or Erica Altman.  Send me a personal e-mail and I will do my best to get you in contact with them and you guys can start the discussion.

Roberto J. Dohnert
Lead Developer/System Designer
Black Lab Linux
http://www.blacklablinux.org

[RobertJDohnert]

It wasn't "their" trademark IIRC, they licensed it and that doesn't give them (do they still exist as an entity and have the maintained payments for the use of the trademark?) the right to sub license it as far as I'm aware.

Barry made a one time payment to Amiga Inc. and the license is secured until 2025.  The only thing that they owe Amiga Inc. is royalty payments per-unit sold that is Amiga branded. The only way Amiga Inc can cut the agreement is if they pay the estate a pro-rated schedule fee and then and only then does Amiga Inc have the ability to claim those trademarks.  According to CommodoreUSA there has been no contact from Amiga Inc since Barry's death. The agreement also allows Amiga Inc to co-promote but not sell any hardware labeled as like.  CommodoreUSA is required though to enforce all trademarks according to their agreement and they do have the ability to sublicense.

I have talked to Jeremy and Erica collectively and separately about the license.  CommodoreUSA is still a company, though currently inactive.  They do pay their business taxes and all fees related to the company.  The company is currently owned by both Jeremy and Erica.  Dont like the deal?  Thinks its a backwards deal?  Talk to Bill McEwen, he made it.  He signed it.

Roberto J. Dohnert
Lead Developer/System Designer
Black Lab Linux
http://www.blacklablinux.org

[RobertJDohnert]

Think this thread has run its course and is now way off topic.

Yeah there should be a subforum dedicated to licensing.  Seems there is way more "licenses" than actual products, AmigaKit being the exception of course...

[RobertJDohnert]

The CUSA license was in relation to Amiga branded hardware, initially all in ones and Barry said that it was later extended to all computer types.  Regardless of this, Amiga Inc still owns the brand and trademarks and it is those marks this guy was infringing



Amiga Inc didn't want to sell Amiga branded hardware, CUSA did.  Seems a perfectly reasonable deal that suited both parties.

If they can indeed sub-license or transfer the license to another company it would be interesting to hear.

I guess this thread is where any further CUSA - Amiga INC discussion should take place.

http://amigaworld.net/modules/newbb/viewtopic.php?topic_id=37136&forum=44&start=240&viewmode=flat&order=0

Sorry Chris.

No, he was infringing the "Amiga Mini" mark, which is a totally different mark and is owned by CUSA.  This was as per the agreement Barry had with McEwen thats why the contract also called for CUSA to pursue any copyright or infringement claims.

Roberto J. Dohnert
Lead Developer/System Designer
Black Lab Linux
http://www.blacklablinux.org