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Hyperion sued Amiga Inc., Amino, Itec and Cloanto

Posted: Tue Mar 20, 2018 1:33 pm
by clint ... 41-EN.html

Hyperion sued Amiga Inc., Amino, Itec and Cloanto
In the legal dispute about Amiga trademarks in USA and Europe, on 13th March in USA Hyperion sued all parties which are directly or indirectly involved. A request which still is not publicly available named "Complaint for Declaratory Judgement and Breach of Contract" (etwa: "Feststellungsklage wegen Vertragsbruch") the following companies are listed as defendant:

Amiga, Inc. Delaware (formerly known as KMOS)
Amino Development Corporation (the former Amiga Inc. Washington)
Cloanto Corporation, the US offshoot of Cloanto
Itec LLC, former investor in Amiga Washington and one of the contract partner in the settlement agreement between Amiga and Hyperion

Currently it is not clear to which this lawsuit relates. According to the title and the time of the filing it can be speculated that Hyperion considers his rights being infringed by the inactivity ofItec/Amiga with regard to the protection of the US trademark.

We are going to publish a summary of the situation. (cg) (Translation: dr)

[News message: 19. Mar. 2018, 18:10] [Comments: 0]
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Re: Hyperion sued Amiga Inc., Amino, Itec and Cloanto

Posted: Sat Apr 13, 2019 12:28 pm
by clint ... 19-EN.html

09.Apr.2019 (Forum)

Lawsuit: Court order denying motion to enjoin C-A Acquisition Corporation
After the failed registration of the trademark "Workbench" in the EU and the denied motion for preliminary injunction against the sale of AmigaOS 3.1.4, Cloanto has to deal with the third setback in a row: the court has denied enjoining C-A Acquisition Corporation as plaintiffs (PDF file).

C-A Acquisition Corp., founded last year and being owned like Cloanto by Mike Battilana, "acquired all remaining intellectual property assets of Plaintiff Amiga, Inc. ( reported) and then turned around and granted Cloanto the right to register and monetize the trademark AMIGA."

The court agrees with Hyperion that "plaintiffs have not acted diligently to meet the deadlines for adding a party or amending their claims."

And it is explained: "Turning to the question of adding a new party, the Court is struck by how Plaintiffs' actions appear reactive to Hyperion's pending Motion to Dismiss. Hyperion's ability to defend these claims is prejudiced by Plaintiffs' attempts to shuffle the parties and the rights of those parties mid-case. Although Plaintiffs discuss their efforts to move quickly in February and March of this year, Plaintiffs do not adequately explain why C-A Acquisition was created after this case was filed, and after the deadline for joining new parties. Plaintiffs do not adequately explain the delay between creating C-A Acquisition and the February 1 transfer. If the Court considers Mike Battilana's assertions that he was trying to acquire Amiga's rights well before Hyperion's pending Motion to Dismiss was filed, this does not explain why Plaintiffs could not have moved the Court for an extension of these deadlines at an earlier point. Plaintiffs' actions do not strike the Court as demonstrating diligence and granting this Motion would prejudice Defendant Hyperion. Accordingly, the Court will deny this Motion in its entirety." (snx) (Translation: dr)

[News message: 09. Apr. 2019, 22:03] [Comments: 0]
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Re: Hyperion sued Amiga Inc., Amino, Itec and Cloanto

Posted: Sat Sep 05, 2020 12:45 pm
by clint ... 05-EN.html


Hyperion withdraws opposition against registration of US trademark 'Amiga'
In January 2017, Cloanto filed for registration of the 'Amiga' trademark with the US Patent and Trademark Office (USPTO) - right after the previous owner Amiga, Inc. let its own registration expire. Hyperion opposed that registration and filed for several other Amiga-related trademarks ("AmigaOS", "AmigaOne", Boingball) itself, encountering a few administrative issues initially.

The trademark disputes grinded to a halt shortly after that, mostly caused by the lawsuits that had been filed by Hyperion on one side and Cloanto as well as the 'Amiga parties' on the other side. But in the last few days, new filings have been submitted: Hyperion's lawyer is informing the USPTO that his client is withdrawing its opposition against Cloanto's registration of the 'Amiga' mark. Hyperion's attempt to register the BoingBall logo has been abandoned this week as well.

Note from staff: Since the USPTO is already pointing out a "likelihood of confusion" of the other marks Hyperion applied for (AmigaOne, AmigaOS) with Cloanto's 'Amiga' mark, we assume that these attempted registrations will be denied once Cloanto's mark is registered. We currently have no information about the reasons behind Hyperion's change of strategy. (cg)

Re: Hyperion sued Amiga Inc., Amino, Itec and Cloanto

Posted: Mon Mar 22, 2021 1:02 pm
by clint ... 51-EN.html


Lawsuit: separate motions by Hyperion and Amiga for a summary judgment (Update)
While a joint motion from Cloanto and Hyperion to the court in January suggested that a settlement was imminent and only (quote) "ancillary documents" were left to be dealt with, both parties now submitted individual motions for a summary judgment indicating that settlement talks failed again.

The motion from Amiga Inc., Itec and Amino (formerly known as AmigaInc., Washington) asks for a partial summary judgment on two of their original complaints, both dealing with trademarks: The judge is asked to issue an order declaring that Hyperion is not the rightful owner of any of the Amiga related trademarks it registered or applied for in the last few years. The motion also lists all of the trademarks in question:

USA: applications for "AmigaOne", "AmigaOS" and Boing Ball
EU: registrations of "Amiga Forever", "AmigaOS" and "Workbench"
Benelux: registrations of "AmigaOne", "Amiga", "Boing Ball", "Kickstart", "AmigaOS", "Amiga Forever" and "Workbench"
Germany: registration of "Amiga"
France, Italy, Spain and Poland: applications for or registrations of "Kickstart"

Since it is a motion for a partial summary, other issues raised by the Amiga parties in their original complaint - like the alleged breach of copyright, violations of the 2009 settlement etc. - would be reserved for an actual trial.

Hyperion's motion is for a complete summary judgment on all of the issues raised its opponents. The document discusses every single cause of action listed and argues why it should be dismissed. In conclusion, it requests that the judge issues a summary judgment (quote) "against all Plaintiffs on all counts".

Update: (21.03.2021, 22:15, cg)

We initially reported that one of the motions for summary judgement was submitted by Cloanto. Actually that particular motion was submitted by the other plaintiffs (Amiga Inc., Itec, Amino) without Cloanto. (cg)

[News message: 21. Mar. 2021, 19:05] [Comments: 1 - 21. Mar. 2021, 22:17]
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