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Various (ANF)

Hyperion/Cloanto litigation: judgment in the main lawsuit issued
Cloanto had sued Hyperion in 2017, initially to have a judge declare that the Italian company is the rightful owner of the "Amiga" mark and that Hyperion neither has the right to fight this trademark registration nor register similar marks like "AmigaOS" or "AmigaOne" itself. The lawsuit was later merged with another one inititated by Hyperion, which also added Amino, Itec and Amiga Inc. as additional parties to the litigation and expanded the scope of the laswuit to cover issues of breach of contract, trademark violations and alleged IP theft.

Mike Battilana of Cloanto had attempted to also have his 'C-A Acquisition Corporation', the entity that acquired the Amiga copyrights from Amiga Inc. in early 2019, added as another plaintiff to the above lawsuit. The judge denied this request, since the motion was filed way too late. A few days later, the C-A Acquisition Corporation filed its own lawsuit against Hyperion, but this case is currently frozen until the main lawsuit has been resolved. Already in 2019, the judge declared that Cloanto lacked standing to sue Hyperion for breach of the 2009 settlement agreement.

Last tuesday, judge Martinez issued a judgment in the main litigation between Amino, Itec, Amiga Inc. and Cloanto on one side and Hyperion on the other. Basically, he declared that none of the four plaintiffs has any standing to sue Hyperion for any of the alleged violations raised by them:
  • In addition to Cloanto (see above), Amino, Itec and Amiga Inc. can't sue for breach of contract, since they transferred "all rights [...] including the right to sue [...] for past infringements" to the C-A Acquisition Corporation.
  • Cloanto's accusation that Hyperion changed copyright notices in their AmigaOS releases to assign ownership to itself, might be a violation of copyright - but thanks to a "Non-Aggression Clause" in the 2009 settlement agreement, only the C-A Acquisition Corpoation could hold Hyperion responsible for that.
  • The various alleged violations of trademark rights are considered moot, partially because Hyperion withdrew its objections to the other parties' marks and abandoned its own attempts to register trademarks in the US and partially because the only party that could prosecute trademark violations is C-A Acquisition Corporation.
If none of the parties object to this ruling, the case would end without resolving any of the issues between Cloanto/C-A Acquisition and Hyperion. Judge Martinez simply declared that only C-A Acquisition Corporation - renamed to Amiga Corporation in the meantime - is entitled to sue Hyperion for breach of contract or violating trademark rights or Amiga related copyright. Such a case already exists, but has been stayed until the main litigation discussed here is resolved.

Approached by, Mike Battilana didn't want to issue a statement "yet". Hyperion posted a press release on its website, referring to this judgment as a "sweeping victory". (cg) (Translation: cg)

[News message: 02. Apr. 2023, 20:10] [Comments: 0]
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Amiga Future (website)

Retailer: EU source of supply for Checkmate products
After Stephen Jones' Checkmate products became more difficult to purchase in the EU as a result of the Brexit, the German mail order company DragonBox now offers a source of supply within this economic area at the title link. (snx)

[News message: 16. Nov. 2022, 15:02] [Comments: 0]
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Handheld console: Blaze Entertainment announces Amiga games
Evercade (Wikipedia entry) is an ARM-based handheld console from the British manufacturer Blaze Entertainment. According to Mike Battilana's announcement at Amiga37 (video), also Blaze now announces at the title link that they have entered into an agreement with Amiga Corporation to bring Amiga games from various publishers, which have not yet been named, to the Evercade starting next year. (snx)

[News message: 23. Oct. 2022, 08:19] [Comments: 0]
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