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| 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:
Approached by amiga-news.de, 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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