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Author Topic: Amiga Case Designer Faces Intimidation  (Read 78550 times)

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Offline DarrinTopic starter

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Re: Amiga Case Designer Faces Intimidation
« Reply #209 on: May 08, 2012, 03:46:16 AM »
Quote from: BigBenAussie;692154
This is about trademarks, not about inventions.

Remember the stolen pictures C-USA used?  Did those motherboards in the fake pictures have your trademark on them or someone else's?  How about when you ripped off Disney because you don't quite understand what "partner" means?  Any mention of Windows on your website?  Hope you paid M$ to use it.

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We are not a big bad corporation but the very definition of the little guy.

Only saying this because we busted you after all of the lies.

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It isn't about hunting anyone....it is about intent.

C-USA's intent to screw the Amiga name.

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He can't feign ignorance that he was not doing anything wrong.

Except he didn't do anything wrong.  Care to make me out a list of everything C-USA did wrong?  It would be a big list and as CTO you are responsible.

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It was not an innocent mistake.

C-USA's lies?  We know that, no it wasn't.

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Given "The Daddy's" previous public attacks and contempt towards our company it was clearly intended as provocation and a publicity stunt.

Pointing out your lies?  Want to quote the personal attacks made by C-USA on The Daddy both in public and in private?

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He is using trademarks in his publicity materials he knows very well he cannot use legally. End of story.

Fair use policy.  He's not selling anything using your logos, he's showing a fan design, just like fans use Star Trek Logos or Star Wars logos.  Complain if he sells it with your logos showing.

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We don't post here for the advertising, let me assure you.

Nah, just out of desperation and "under orders".

Tick, tock... tick, tock...  tick, tock...
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Offline DarrinTopic starter

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Re: Amiga Case Designer Faces Intimidation
« Reply #210 on: May 08, 2012, 03:54:46 AM »
FAIR USE OF TRADEMARKS UNDER US LAW:

In the United States, trademark law includes a fair use defense, sometimes called "trademark fair use" to distinguish it from the better-known fair use doctrine in copyright. As with copyright law, the trademark fair use doctrine is premised in significant part on the First Amendment guarantees of free speech. Fair use is consistent with the more limited protection granted to trademarks, generally specific only to the particular product market and geographic area of the trademark owner.
 
Most trademarks are adapted from words or symbols already common to the culture, as Apple, Inc. is from apple, instead of being invented by the mark owner (such as Kodak). Courts have recognized that ownership in the mark cannot prevent others from using the word or symbol in these other senses, such as if the trademark is a descriptive word or common symbol such as a pine tree. This means that the less distinctive or original the trademark, the less able the trademark owner will be to control how it is used.
 
A nonowner may also use a trademark nominatively*—to refer to the actual trademarked product or its source. In addition to protecting product criticism and analysis, United States law actually encourages nominative usage by competitors in the form of comparative advertising

* NOTE:
Nominative use:

Nominative use, also "nominative fair use", is a legal doctrine that provides an affirmative defense to trademark infringement as enunciated by the United States Ninth Circuit, by which a person may use the trademark of another as a reference to describe the other product, or to compare it to their own. Nominative use may be considered to be either related to, or a type of "trademark fair use" (sometimes called "classic fair use" or "statutory fair use")



In C-USA's case, you can't even say that The Daddy is infringing on YOUR tradmark as he could be comparing his X500 with the real "Amiga" computer which you have absolutely bugger-all to do with.
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Offline Duce

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Re: Amiga Case Designer Faces Intimidation
« Reply #211 on: May 08, 2012, 03:58:02 AM »
Don't confuse him with facts, Darrin.  It'll make his brain itch, which will result in another 4 days of delusional ramblings..
 

Offline DarrinTopic starter

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Re: Amiga Case Designer Faces Intimidation
« Reply #212 on: May 08, 2012, 04:08:16 AM »
Quote from: Duce;692162
Don't confuse him with facts, Darrin.  It'll make his brain itch, which will result in another 4 days of delusional ramblings..


True.  Plus I'm sure C-USA understands it perfectly.  They're just being bullies.

You know, the sad part is that right at the start I thought Ben was the only honest one on the staff, but it is now obvious that he's the same as the rest of them.  I wonder if this was the case all along, or whether it is desperation because he has sunk some of his own money into this flawed, mismanaged project.

Oh well...
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Offline Kesa

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Re: Amiga Case Designer Faces Intimidation
« Reply #213 on: May 08, 2012, 04:08:23 AM »
@Bigben. How can you call that provocative? Up until today i always thought you were the voice of reason coming from CUSA. I've changed my mind.
Even my cat doesn\'t like me.
 

Offline DarrinTopic starter

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Re: Amiga Case Designer Faces Intimidation
« Reply #214 on: May 08, 2012, 04:10:52 AM »
Quote from: Kesa;692165
@Bigben. How can you call that provocative? Up until today i always thought you were the voice of reason coming from CUSA. I've changed my mind.


I changed my mind when Barry used me to announce the birth of Leo's child and then tried to use that against me.  Christ, when a company resorts to using babies as a means to discredit their critics then they really are scraping the barrel.
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Offline Kesa

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Re: Amiga Case Designer Faces Intimidation
« Reply #215 on: May 08, 2012, 04:18:19 AM »
What? How could he use that against you? LOL
Even my cat doesn\'t like me.
 

Offline Methuselas

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Re: Amiga Case Designer Faces Intimidation
« Reply #216 on: May 08, 2012, 04:44:36 AM »
Quote from: Karlos;692099




Yeah, I'm sold. I want one! :lol: This thing is *GORGEOUS*!!!!
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Offline DarrinTopic starter

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Re: Amiga Case Designer Faces Intimidation
« Reply #217 on: May 08, 2012, 05:03:02 AM »
Quote from: Kesa;692167
What? How could he use that against you? LOL


I know.  It didn't work very well and kind of backfired on them.  Still, they must be getting used to that.
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Offline Argo

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Re: Amiga Case Designer Faces Intimidation
« Reply #218 on: May 08, 2012, 05:39:22 AM »
Might have had less issue if you'd recreated a Walker based design. Noone wants to claim rights to that!
 

Offline DarrinTopic starter

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Re: Amiga Case Designer Faces Intimidation
« Reply #219 on: May 08, 2012, 05:41:51 AM »
Quote from: Argo;692174
Might have had less issue if you'd recreated a Walker based design. Noone wants to claim rights to that!


LOL.  That's cruel!

(true, but cruel)

Mind you, Hoover might go after him.  :D
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Offline takemehomegrandma

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Re: Amiga Case Designer Faces Intimidation
« Reply #220 on: May 08, 2012, 07:34:05 AM »
@Darrin and the confused BAF's

Quote from: Darrin;691833
Here's some pics I managed to snag.  None of them say "Amiga" (There is AmigaOS which is Hyperion's and "Amica"):





Some of you guys are really incredible, do you know that?

First you think it's *morally OK* for Hyperion to intimidate Commodore USA for planning to ship AROS installed on their computers, since it would be an infringement to Hyperion's exclusive license from Amiga to ship Amiga OS 3.1 API based OS's under the "AmigaOS" brand?

But then you think it's *not* morally OK for Commodore USA for doing exactly the same thing to anyone infringing on *their* exclusive license from Amiga to ship "All In One" keyboard computers under the Amiga brand?

:confused:

Hyperion doesn't own the Amiga brand, Hyperion doesn't own the Amiga OS (merely the OS4 add-on's), it's all licensed in *exactly the same way* as Commodore has a valid license agreement with Amiga! You guys has really lost your moral compass somewhere going astray in the land of Hypocrisy.

And looking at those pictures, My God, are you for real? Do you *really* think this is OK? You don't think this is like selling "Addidas" shoes (an extra "d" after the "a"), or Nike shirts with the Nike logo mirrored? You really endorse trademark infringement and piracy this way? You are even using the similar typeface, and the meaning of the word is the same! So Commodore USA selling Amigas with "Amica OS" (AROS) would be OK?

And the marketing has obviously already begun, on more than one Internet site...

:rolleyes:
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Offline dammy

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Re: Amiga Case Designer Faces Intimidation
« Reply #221 on: May 08, 2012, 07:44:50 AM »
Quote from: takemehomegrandma;692178
@Darrin and the confused BAF's



Some of you guys are really incredible, do you know that?

First you think it's *morally OK* for Hyperion to intimidate Commodore USA for planning to ship AROS installed on their computers, since it would be an infringement to Hyperion's exclusive license from Amiga to ship Amiga OS 3.1 API based OS's under the "AmigaOS" brand?

But then you think it's *not* morally OK for Commodore USA for doing exactly the same thing to anyone infringing on *their* exclusive license from Amiga to ship "All In One" keyboard computers under the Amiga brand?


Bit of a correction, the license from Amiga Inc is no longer exclusive to just Amiga AIO's, but all Amiga computers.
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Offline spirantho

Re: Amiga Case Designer Faces Intimidation
« Reply #222 on: May 08, 2012, 07:47:55 AM »
But TheDaddy isn't selling a computer, he's selling a case. An unbranded case. He's made it quite clear that what stickers you put on it are up to the buyer.
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Offline commodorejohn

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Re: Amiga Case Designer Faces Intimidation
« Reply #223 on: May 08, 2012, 07:48:12 AM »
Quote from: takemehomegrandma;692178
First you think it's *morally OK* for Hyperion to intimidate Commodore USA for planning to ship AROS installed on their computers, since it would be an infringement to Hyperion's exclusive license from Amiga to ship Amiga OS 3.1 API based OS's under the "AmigaOS" brand?
Who was saying that? Nobody that I noticed. Of course Hyperion were jerkoffs about shipping AROS, that doesn't automatically justify everything CUSA does.

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And looking at those pictures, My God, are you for real? Do you *really* think this is OK? You don't think this is like selling "Addidas" shoes (an extra "d" after the "a"), or Nike shirts with the Nike logo mirrored? You really endorse trademark infringement and piracy this way? You are even using the similar typeface, and the meaning of the word is the same! So Commodore USA selling Amigas with "Amica OS" (AROS) would be OK?
Only if you'd been paying attention, they're not being sold with those marks! They're not being sold with any marks! They're being sold unmarked, and the promotional pictures were solely an example of what could be put on them! Is drawing a Commodore logo on an Etch-a-Sketch trademark infringement? Is doodling it in sidewalk chalk trademark infringement?
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Offline vox

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Re: Amiga Case Designer Faces Intimidation
« Reply #224 from previous page: May 08, 2012, 07:48:25 AM »
Quote from: dammy;692180
Bit of a correction, the license from Amiga Inc is no longer exclusive to just Amiga AIO's, but all Amiga computers.

This has never been announced at Amiga Inc OR C=USA website
 as official news, just rumored at forums. Without documents no faith in liars.

Oh, yes
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In another thread you said you would remove the QL trademark from your materials as you cannot use it legally.
You seem to have created another image with the QL trademark present.

So its protecting images and learning to read now.
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