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28.Oct.2024 |
Hyperion continues to be managed by court-appointed administrator “Ben Hermans BV” (hereinafter: BHBV) was a private company with limited liability owned by Ben Hermans, which has held 97% of the shares in Hyperion since 2019 and subsequently also acted as a ‘director’ of Hyperion. In March, bankruptcy proceedings were opened against BHBV for the second time and shortly afterwards, at the request of BHBV's liquidator, a “provisional administrator” was appointed for Hyperion to manage the company's business until further notice. According to a decision by the Commercial Court of Brussels (automated translation), the provisional administrator's mandate, which was due to expire at the end of September, will be extended indefinitely: he will remain in office until any uncertainties surrounding Hyperion's ownership have been resolved and a new official director has been appointed. Hyperion will have to bear the costs of the administrator for this period, as BHBV does not have any funds that could be used for this purpose. The BHBV liquidators had requested this extension because, on the one hand, the shares in Hyperion are the only property of BHBV worth mentioning and, on the other hand, the intangible assets of Hyperion Entertainment BV continue to generate income and the interests of the company, its (other) shareholders and creditors must be protected. For his part, the administrator has already received assurances from the other Hyperion shareholders that they do not want to collect outstanding payments for the time being in order to prevent the company from going bankrupt and are themselves interested in taking over BHBV's Hyperion shares. BHBV, on the other hand, is finally bankrupt: Ben Hermans had lodged two objections to this, but did not appear at the first hearing and withdrew his objection at the second hearing. The decision is therefore legally binding. But Ben Hermans is contesting the sale of the Hyperion shares which, according to the bankruptcy trustees (and the latest available BHBV annual report from 2021), were owned by BHBV. According to his account, the 2165 shares have since been returned to his private ownership. The bankruptcy trustees had then initiated proceedings to legally clarify the ownership of said Hyperion shares. Editor's note: We have contacted both the liquidator Charlotte Piers and Ben Hermans to clarify some points that are unclear to us and to give the parties involved the opportunity to comment. We will provide any feedback as soon as we receive it. (cg) (Translation: cg) [News message: 28. Oct. 2024, 21:03] [Comments: 1 - 29. Oct. 2024, 15:21] [Send via e-mail] [Print version] [ASCII version] |
28.Aug.2024 Amigaworld.net (forum) |
US trademarks: New dates for "AmigaOne" trademark dispute The dispute over the trademark "AmigaOne" at the US Patent and Trademark Office (USPTO, amiga-news.de reported) had initially been suspended (PDF file), because any court decision in the main proceedings would make it easier to reach a final decision on certain trademark applications and the corresponding oppositions. However, both sides, Amiga Corporation and Hyperion Entertainment, were required to provide regular updates to the USPTO on the status of that litigation - most recently, they were given 30 days to do so on March 28 of this year. However, as neither party felt compelled to do so, the trademark dispute was resumed by the USPTO on August 12 and the further course of action was set: the scheduled dates range from September 11, 2024 to January 14, 2026 (PDF file). (snx) [News message: 28. Aug. 2024, 08:38] [Comments: 0] [Send via e-mail] [Print version] [ASCII version] |
20.Aug.2024 |
Fake company: Amiga Technologies UG registry has been deleted Salvador Fernandez Gomez, a former employee in the support department at phase5, had made numerous entries of companies in recent years, including the registration of a large number of website domains and the registration of word marks such as Amiga Technologies or Kickstart, which were intended to suggest a claim to the rights of various current and former Amiga brands. After the "phase 5 digital products UG" registered by him has been deleted on November 4, 2022, the "Amiga Technologies UG", which was also founded by Salvador Fernandez Gomez, has been deleted on July 17, 2024. So far, the "Commodore Büromaschinen UG" and the "Concorde Media UG" remain, for which a deletion notice also exists. (nba) [News message: 20. Aug. 2024, 10:40] [Comments: 0] [Send via e-mail] [Print version] [ASCII version] |
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