I'm not a native English speaker, so could you please clarify if you claim to have an exclusive license to use the Boingball image? That would directly contradict AInc's settlement with Hyperion, that's why I'm asking.
The statement is actually very specific. I highlighted the important part:
"On Dec 22, 2011 Commodore USA, LLC and Amiga Inc. signed a new contract granting us EXCLUSIVE WORLDWIDE rights to
ALL format computers branded with the Amiga trademark IP.
In their settlement with Hyperion Entertainment, Amiga granted the opposing party the right to use the Boing Ball logo in conjuction with a particular
software product.
"Within the framework of the settlement agreement Hyperion is granted an exclusive, perpetual, worldwide right to AmigaOS 3.1 in order to use, develop, modify, commercialize, distribute and market
AmigaOS 4.x ... under the exclusive trademark "AmigaOS" (Amiga operating system) and using other associated trademarks (such as the
"BoingBall" logo)."
AFAIK, neither the check mark nor the letter A are registered trademarks in the US or Europe - I was actively searching for registered Amiga related trademarks a while ago. (..)
If they're not registered, any claims of ownership are on somewhat shacky ground IMHO.
I am afraid your opinion on this legal matter is a bit on shaky ground :-)
