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21.Mar.2021



Lawsuit: separate motions by Hyperion and Amiga for a summary judgment (Update)
While a joint motion from Cloanto and Hyperion to the court in January suggested that a settlement was imminent and only (quote) "ancillary documents" were left to be dealt with, both parties now submitted individual motions for a summary judgment indicating that settlement talks failed again.

The motion from Amiga Inc., Itec and Amino (formerly known as AmigaInc., Washington) asks for a partial summary judgment on two of their original complaints, both dealing with trademarks: The judge is asked to issue an order declaring that Hyperion is not the rightful owner of any of the Amiga related trademarks it registered or applied for in the last few years. The motion also lists all of the trademarks in question:
  • USA: applications for "AmigaOne", "AmigaOS" and Boing Ball
  • EU: registrations of "Amiga Forever", "AmigaOS" and "Workbench"
  • Benelux: registrations of "AmigaOne", "Amiga", "Boing Ball", "Kickstart", "AmigaOS", "Amiga Forever" and "Workbench"
  • Germany: registration of "Amiga"
  • France, Italy, Spain and Poland: applications for or registrations of "Kickstart"
Since it is a motion for a partial summary, other issues raised by the Amiga parties in their original complaint - like the alleged breach of copyright, violations of the 2009 settlement etc. - would be reserved for an actual trial.

Hyperion's motion is for a complete summary judgment on all of the issues raised its opponents. The document discusses every single cause of action listed and argues why it should be dismissed. In conclusion, it requests that the judge issues a summary judgment (quote) "against all Plaintiffs on all counts".

Update: (21.03.2021, 22:15, cg)

We initially reported that one of the motions for summary judgement was submitted by Cloanto. Actually that particular motion was submitted by the other plaintiffs (Amiga Inc., Itec, Amino) without Cloanto. (cg)

[News message: 21. Mar. 2021, 19:05] [Comments: 1 - 21. Mar. 2021, 22:17]
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