Infringement of AmigaOS trademark

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Some lamer phone company is infringing Hyperion's AmigaOS trademark with their so-called "AmigoOS" operating system:

http://www.gsmarena.com/gionee_elife_s55_is_the_thinnest_smartphone_in_the_world-news-7859.php

Has this been brought to Hyperion's attention? IANAL, but it look to me like a clear case of trademark infringement, in the same way Lindows was deemed to be an infringement of the Windows trademark. There's a requirement to defend trademarks in situations such as this or they become diluted and eventually invalid.

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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.

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@Lionheart:

I'd say "yes" to most of these points, and "possibly" to the others. So they would have a strong case.

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So are Lindows and Windows; there is no need for them to be identical.

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First, Amiga and Amigo are two different words so there is no likelihood for confusion.

So if my nick was RobertJDöhnert there would be no likelihood for confusion? After all they are two different words.

The Amiga is a retro operating system, that no one in consumer technology space knows even exists anymore except for us few.

AmigaOS 1.x and 2.x are retro, arguably 3.x is too, but certainly not 4.x. And I think there is considerable awareness of the Amiga brand; Amino's business is based on the Amiga name which is their only real asset, and a lawsuit was fought over the AmigaOS trademark so it must have some value. Plus this phone company must think it has some value or they wouldn't be bothering to rip it off.

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Single-core aware only/32-bit only OSes are decidedly "retro".

Windows 7 Starter, that came preinstalled on my brand new netbook less than a year ago, is a retro OS then!?

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Do we talk about chinese market?

It's being released in 40 other countries, not just China.

SCO failed.

I don't see any connection at all between this situation and the SCO case, wasn't the SCO case largely or entirely about copyright infringement, not trademarks? Plus of course their case was very weak and the case here is very strong.

I'll wait and see, if the "lame" phone maker (first tier luxury cell phone producer in the east) strikes back, take legal action against pitifull nameless os maker, and force them to change AmigaOS into something less "infringing" like HyperOS.

Yes, unfortunately that's a possible scenario in the future if Amino/Hyperion fail to defend the trademark.

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the word Amiga is a generic term for female friend, you cant trademark that

That is obviously completely wrong, as Amiga was a registered trademark of Commodore-Amiga, etc. for many years.

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

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.".