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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)