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05.Feb.2019
MorphZone (Forum)


Legal dispute: Amiga Inc. transferred rights to company of Mike Battilana
In the legal dispute between the Amiga and parties and Cloanto, recently Hyperion doubted the legality of Cloanto's involvement. According to the latest court documents (PDF file), on February 1, 2019, Amiga Inc. transferred "all worldwide rights, title and interest in and to all AMIGA-formative trademarks, including but not limited to the "Exclusive Licensed Marks" as that term is defined in the 2009 "Settlement Agreement", and the "Boing Ball" design mark" to C-A Acquisition Corporation" which with its only director Mike Battilana has the same owner as Cloanto.

For several years Cloanto has collected the heritage of Commodore (amiga-news.de reported) in order - according to Cloanto - to preserve it. To the the "Exclusive Licensed Marks" also belong the trademarks "AmigaOS", "Amiga OS", "AmigaOne" and "Amiga One".

Therefore Cloanto will apply for admission of C-A Acquisition Corporation as another plaintiff. Besides, Cloanto as sucessor of Amiga Inc. again reasserted to have the right to sue Hyperion for breach of contract. The former transfer of the copyrights from Amiga Inc. to Cloanto again is documented in court (PDF files: 1, 2, 3, 4, 5).


Furthermore Hyperion tries to prove some of the claims of the Amiga parties and Cloanto as void because they interfere into other countries' jurisdiction. This is countered by the statement that Hyperion explicitly got the worldwide license rights and therefore is internationally bound to respect the settlement agreement - which would have been broken by the attempt to register Amiga related trademarks in other countries. (snx) (Translation: dr)

[News message: 05. Feb. 2019, 21:57] [Comments: 0]
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