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Author Topic: Infringement of AmigaOS trademark  (Read 17503 times)

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Offline number6

Re: Infringement of AmigaOS trademark
« Reply #74 from previous page: February 24, 2014, 07:49:53 PM »
Quote from: haywirepc;759633
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.

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Offline haywirepc

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Re: Infringement of AmigaOS trademark
« Reply #75 on: February 24, 2014, 07:59:38 PM »
http://www.pc-opensystems.com/p/trademark-and-copyright-information.html
 
According to this black lab linux has an os4 trademark registered...
 
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Offline haywirepc

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Re: Infringement of AmigaOS trademark
« Reply #76 on: February 24, 2014, 08:27:52 PM »
 

Offline RobertJDohnert

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Re: Infringement of AmigaOS trademark
« Reply #77 on: February 25, 2014, 04:22:33 AM »
Actually, they didnt stop me.  I stopped myself because I realized what an incredible dead end it was.  Sure, I could have cashed in on nostalgia but seeing how Amiga Inc and Hyperion had abused and misrepresented the brand it was a dead end.  Could I rebuild A brand called Amiga?  Sure but that would take a lot of effort, money, and time.  And in order to be totally independant of the screwball that represent AmigaOS now, I would have to wait for both companies to die and as long as they just have enough to keep a domain name and a post office box, then I would be associated with them and both would have to be gone to establish disassociation.

AmigaOS, AmigaOne are eligible for trademark, they are unique descriptors.  You cannot trademark generic terms or generic objects, like a checkered ball.  Used all over the place, the word Amiga is a generic term for female friend, you cant trademark that and besides in the US the trademarks are dead and they would be invalidated.

I have offered Mr. Cohen and Mr. Hermans ample oppurtunity to go to court with me and lets put it to the test, as of yet they are unwilling to do that.

Go ahead and shake your chains, make your claims.  Its not going to change the facts.  You are free to live in whatever  alternate reality you would like.

Quote from: yssing;759625
Well I do think it is fairly obvious that different OS's can't have the same name.

And also, after the long legal battle Hyperion had, and all the money used on it, they should defend their rights. If not,  it would have been a waste of time and money.

Obviously they do defend it, if not, a guy like Black Lab Linux could have kept using the amiga name. Thankfully that was stopped.
 

Offline yssing

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Re: Infringement of AmigaOS trademark
« Reply #78 on: February 25, 2014, 08:48:02 AM »
and windows is a genetic term for things made of glass in houses, cars and so on, yet I bet you would never try to use that term to describe your Linux distro
 

Offline spirantho

Re: Infringement of AmigaOS trademark
« Reply #79 on: February 25, 2014, 09:45:30 AM »
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).
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Offline wawrzon

Re: Infringement of AmigaOS trademark
« Reply #80 on: February 25, 2014, 10:20:28 AM »
lol. yeah. what a load of nothing..
 

Offline persia

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Re: Infringement of AmigaOS trademark
« Reply #81 on: February 25, 2014, 12:36:03 PM »
Quote from: RobertJDohnert;759667
the word Amiga is a generic term for female friend, you cant trademark that and besides in the US the trademarks are dead and they would be invalidated.



And Apple is a generic term for a type of fruit, your point is?
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Offline vox

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Re: Infringement of AmigaOS trademark
« Reply #82 on: February 25, 2014, 01:07:28 PM »
Quote from: RobertJDohnert;759667
Actually, they didnt stop me.  I stopped myself because I realized what an incredible dead end it was.  Sure, I could have cashed in on nostalgia but seeing how Amiga Inc and Hyperion had abused and misrepresented the brand it was a dead end.  Could I rebuild A brand called Amiga?  Sure but that would take a lot of effort, money, and time.  And in order to be totally independant of the screwball that represent AmigaOS now, I would have to wait for both companies to die and as long as they just have enough to keep a domain name and a post office box, then I would be associated with them and both would have to be gone to establish disassociation.

AmigaOS, AmigaOne are eligible for trademark, they are unique descriptors.  You cannot trademark generic terms or generic objects, like a checkered ball.  Used all over the place, the word Amiga is a generic term for female friend, you cant trademark that and besides in the US the trademarks are dead and they would be invalidated.

I have offered Mr. Cohen and Mr. Hermans ample oppurtunity to go to court with me and lets put it to the test, as of yet they are unwilling to do that.

Go ahead and shake your chains, make your claims.  Its not going to change the facts.  You are free to live in whatever  alternate reality you would like.

Its not your call. In fact, YOU ARE another case of abuse.
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Offline Iggy

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Re: Infringement of AmigaOS trademark
« Reply #83 on: February 25, 2014, 01:17:00 PM »
Quote from: yssing;759678
and windows is a genetic term for things made of glass in houses, cars and so on, yet I bet you would never try to use that term to describe your Linux distro

We ported a GUI to our 68K based systems that we sold in the '80 and '90s called GWindows without an issue with Microsoft.
XWindows has been around forever.
As the name "Windows" itself is taken, of course you can't use it (unless you are really selling windows).
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Offline number6

Re: Infringement of AmigaOS trademark
« Reply #84 on: February 25, 2014, 01:29:33 PM »
Quote from: spirantho;759681
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"

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Offline spirantho

Re: Infringement of AmigaOS trademark
« Reply #85 on: February 25, 2014, 01:47:37 PM »
Quote from: number6;759699
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


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.
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Offline number6

Re: Infringement of AmigaOS trademark
« Reply #86 on: February 25, 2014, 01:59:34 PM »
Quote from: spirantho;759700
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...

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Offline spirantho

Re: Infringement of AmigaOS trademark
« Reply #87 on: February 25, 2014, 02:05:32 PM »
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"....
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Offline number6

Re: Infringement of AmigaOS trademark
« Reply #88 on: February 25, 2014, 02:10:46 PM »
Quote from: spirantho;759704
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.

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Offline persia

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