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09.Apr.2019
Amigaworld.net (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. (amiga-news.de 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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