Infringement of AmigaOS trademark

[number6]

It doesn't matter whether they care about this particular instance, it may still need to be defended. Quote from http://en.wikipedia.org/wiki/Trademark: "In the case of a trademark registration, failure to actively use the mark in the lawful course of trade, or to enforce the registration in the event of infringement, may also expose the registration itself to become liable for an application for the removal from the register after a certain period of time on the grounds of "non-use". It is not necessary for a trademark owner to take enforcement action against all infringement if it can be shown that the owner perceived the infringement to be minor and inconsequential. This is designed to prevent owners from continually being tied up in litigation for fear of cancellation."

So the crucial question seems to be whether this is a "minor and inconsequential" breach. Given that the device will be released in 41 countries and seems to be getting a lot of press attention my opinion is that is a major breach.

My reading of the Settlement Agreement suggests that Hyperion are supposed to notify Amino who then have 25-day window of opportunity to take action against the infringer; if Amino decline to take action then Hyperion may do so.

That is still the process as of today.

#6

[number6]

I take it that Amiga Inc is still up for sale?

just ask the source

#6

[number6]

If you don't find a way to stop a company in their homeland, you have to take legal actions against infringement in every country, one by one.

I've started investigating to find out the current owner of an AmigaOS related trademark. Let' start in the U.S.A.
http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4808:i46rnk.6.14

That's the only information regarding the U.S., and   ....
  ... IT'S DEAD, JIM !!
 
Well, does anyone knows anything about the remaining 39 countries?

http://aminet.net/search?query=trademark

This is in need of an update, but you'll find it a good place to start.

Beyond that we have trademark attorneys pop in to Amigaworld to post, and a search of that site should give you more info.

one example from 2012

#6

[number6]

Wasn't it CommodoreUSA who was after people using the amiga name?
I seem to remember the Daddy being told to remove any reference to amiga in, at least, one video.
And didn't Aros change the meaning of aros before they were told to?

Yes. They changed the name because of the lawsuit between Amiga Inc. and Hyperion VOF which was filed about a month earlier.

Due to the recent legal turmoil between Amiga Inc. and Hyperion, the Amiga reference is going to be removed from the AROS' name.

Source

#6

[number6]

at the moment nobody really has the trademark. "Amiga" is a trademark of AmigaInc. (whatever behind this still is) and not Hyperion. They own "AmigaOS" and "AmigaOne" as far as I know. They only have a court agreement with AmigaInc. and go against everyone on that base. "If" there would be someone with more money than Hyperion and AmigaInc. entering the trademark battle it would be interesting to see what happens.

I've posted "whatever behind this still is" several times.
It's simpy the attorney of record - Darren Cohen.

#6

[number6]

I think it was a cowardly move to remove the word amiga from AROS.
 
First of all its a completely free and open source project. No monies are being made from AROS.
 
That alone would stop silly billy or anyone else from suing. Its absolutely ridiculous to allow the amiga grave robbers to scare everyone into removing the word amiga from AROS. Ridiculousness.

Not that it matters, but when the threat did come, it came from Ben Hermans, not Bill McEwen...and in view of the public.

Source

But since the settlement agreement was at the root and included both parties, you could give each of them 1/2 credit. Heh.

#6

[number6]

The worse part is, the ones who 'own' the Amiga trademark are the ones that have the least amount of hardware their Operating System can run on.

AROS obviously runs on the most,
MorphOS the second most,
68k Classics arguably have more hardware available than OS4 does!

It's too bad that all camps just can't get along and try to bring the Amiga back a bit more to the mainstream, but I don't think that could ever happen now, the best chance it had was probably when Gateway had it, but I don't even know if Gateway computers are even around anymore...

slaapliedje

The problem is often with the words chosen to express the facts. We hear "rights" not "IP Owner"

worth a look as an example

You could ask old timers what their read is concerning ACER I guess.

#6

[number6]

Sorry they call  it os4 : openlinux.

He posted in the forum off the amiga.org front page today, as per how amiga.org wishes to treat such topics.

#6

[number6]

Why not go and make Apple Linux too?
And you could have a special version called Apple Macintosh (Macintosh is used generically for an item of rainwear).

I realize that's a joke, but just to be clear, there are categories.
For example: AMIGA - Serial Number - 78639666 is for
"Bathtubs and whirlpool baths"

#6

[number6]

Exactly. And this was the major cause of trouble between Apple Computer and Apple Corps, because they had an agreement that Apple Computer would never distribute music.. so when iTunes was made, Apple Corps (understandably) took umbrage. Equally the record label "Amiga" (it's a German record label) never had a problem from Commodore or Amiga Inc as the two were in separate markets.

But then you knew that already, I'm sure.

Having two platforms with the same name "Amiga" would never be allowed, though.

Indeed, but not being a trademark attorney I do have a question about another aspect....use.

Example:Amiga Inc. ended up using AmigaOne. Let's dismiss the notion that constitutes "use" of the trademark, since court has since decided AmigaOne is not Amiga.

The Amiga license to IContain was revoked and product cleared out on Alibaba. The Amiga license to CommodoreUSA for the Mini resulted also in product which never really saw an actual distribution.

That one is still funny since Amiga Games Inc. who are simply NOT Amiga Inc. claim the mini as part of their history.

"Use" is a factor in holding on to trademark, from my basic readings anyway.

If you discount the above, can you post a list of Amiga branded products here during the entire time of trademark registration by Amiga Inc.? I'm curious...

#6

[number6]

I'd be interested to see that list too (I don't know, myself). The only ones I can think of off-hand are "AmigaDE" and "AmigaAnywhere"....

Just "Amiga" please, since the other trademarks are well covered in cgutjahr's trademark .pdf that I linked to.

#6

[number6]

Basically the trademark Amiga for computers is alive and registered to Amiga Inc Delaware and Commodore USA.  Since CUSA is dead and it's the wrong AI, it will be interesting if they can be renewed.  

Amiga Inc is still producing something computer related, games for Blackberry, so they likely meet the activity requirement....

Not that it changes the fact that the casual observer sees no activity, technically CommodoreUSA LLC and Amiga Inc. are listed as "inactive", not dissolved.
This would mean they still pay taxes, file necessary paperwork, and could be involved in talks with most anyone.

Hmmm...actually this report indicates "active"

Source

#6

[number6]

I just checked State of Florida records and it was:

Last Event             ADMIN DISSOLUTION FOR ANNUAL REPORT
Event Date Filed    09/27/2013

You may have left off an important bit from that source.

Event Effective Date:NONE

If you're curious about what Admin Dissolution concerns from the standpoint of the State of Florida:

http://www.flsenate.gov/Laws/Statutes/2011/617.1421

#6

[number6]

CommodoreUSA plans are always super secret it seems. A viable business would have survived Barry's death. Steve Jobs died and Apple didn't miss a beat. Barry's family didn't continue because there was no sales to justify doing so.

As long as you're responding to Dammy, I'll point out that he's referring to a lawsuit settled. That would not be CommodoreUSA. That would be Commodore Holdings, the parent company.

I'll refer you to your own forum for that topic:
http://www.amiga.org/forums/showpost.php?p=757745&postcount=22

#6