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New Atari Console that Ataribox?


Goochman

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On 3/5/2020 at 11:13 AM, Downland1983 said:

These have to have been blows to New Atari's ego:

 

THIRTEENTH AFFIRMATIVE DEFENSE (Not Famous) Plaintiff’s claims are barred, in whole or in part, because Plaintiff’s alleged Joystick Designation of Origin and Console Designation of Origin are not famous.

 

EIGHTEENTH AFFIRMATIVE DEFENSE  (Plaintiff is Not the Owner of the Asserted Rights)  Plaintiff claims are barred, in whole or in part, because Plaintiff is not the owner and/or did not acquire any right, title or interest in the asserted Joystick Designation of Origin or Console Designation of Origin.

Oh, just wait, its gonna be getting a LOT worse for Atari on that case.   {insert evil laugh here}   The fun is only just beginning....  

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8 hours ago, Curt Vendel said:

Oh, just wait, its gonna be getting a LOT worse for Atari on that case.   {insert evil laugh here}   The fun is only just beginning....  

The Atari Vs. Hyperkin case is the nut of the debate over whether Atari can prevent someone else from making a console or joystick controller with a similar look and feel as the 1977 oldies. 

 

Atari sends cease and desist letters and brings lawsuits against others for making t-shirts and stickers with pictures of joysticks and consoles, but to my knowledge, Atari doesn't make much official gear of their own with these images. I suppose there's that $30 box of junky trinkets sold at Target during the holidays. Far more often, they use their holdings offensively, acting as trademark trolls to collect damages from accused infringers. 
 

Their stockholder information lists losing trademarks as risks. It seems likely that they know they're on shaky legal ground. 
 

Hyperkin, like Target, doesn't seem to be taking this lying down. 
 

Like the rest of the market, Atari stock isn't doing much lately. They're posting near-record lows again. 

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31 minutes ago, Flojomojo said:

The Atari Vs. Hyperkin case is the nut of the debate over whether Atari can prevent someone else from making a console or joystick controller with a similar look and feel as the 1977 oldies. 

 

Atari sends cease and desist letters and brings lawsuits against others for making t-shirts and stickers with pictures of joysticks and consoles, but to my knowledge, Atari doesn't make much official gear of their own with these images. I suppose there's that $30 box of junky trinkets sold at Target during the holidays. Far more often, they use their holdings offensively, acting as trademark trolls to collect damages from accused infringers. 
 

Their stockholder information lists losing trademarks as risks. It seems likely that they know they're on shaky legal ground. 
 

Hyperkin, like Target, doesn't seem to be taking this lying down. 
 

Like the rest of the market, Atari stock isn't doing much lately. They're posting near-record lows again. 

C9362744-915B-4A85-B515-F8684D8D95BE.thumb.jpeg.3b624c5c61b349dc6bb4f1c9c9883ddf.jpeg

 

Atari will say or do anything for a buck...

 

Minus making a console...

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2 hours ago, roots.genoa said:

So, "volume" means there are 1,521,636 shares, right? Which would mean Atari is worth €365,192.64? Very cheap indeed!

I'm not sure, but I think "volume" here refers to the number of trades, not the number of shares. If you want to buy out Atari SA, you'd probably need to start with the Market Cap to get Fred's attention. It's still $61M but it was over $70M just a few months ago. 

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37 minutes ago, TwoShedsWilson said:

I'd totally pitch in to help this site buy them out.  Not even joking. There's no way we could do worse with it.

 

Hundreds, if not thousands of people, who are talented in many professions, all in the age range from 30 to 60.

 

I'd wager, that is a correct guess.

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1 hour ago, CPUWIZ said:

 

Hundreds, if not thousands of people, who are talented in many professions, all in the age range from 30 to 60.

 

I'd wager, that is a correct guess.

I would be proud to say I was part of Atari.  But only, and I do mean ONLY... if Albert was at the helm.

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On 3/6/2020 at 4:08 AM, Clint Thompson said:

Someone please wake me up when...

 

1. Atari is sold to someone with credibility or goes completely bankrupt and remains nonexistent.

2. Manages to figure how to license/embed an Atari app in every smart TV manufacturer like Vizio, Sony, LG that includes Pong/Breakout.

3. Builds a computer-console that uses actual cutting-edge technology, not based on tech considered to be high-end in 2012.

 

Good luck Clint!

 

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On 3/6/2020 at 9:47 AM, racerx said:

I'm not angry, I just don't understand why you seem to enjoy being shit on.

 

I mean we've all got our kinks, but still...

 

From what I hear, @LoonyLucas has that side of things sorted. ?

 

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On 3/7/2020 at 1:30 AM, Shaggy the Atarian said:

You know, for the VCShills always claiming we're all so "angry," we sure do have a lot of laughs around here

 

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How can anyone be mad with Trek 'N Tacos?

 

Yup ?

 

chekovdance.gif.6d666c7c5202321932d7f2a7a7797617.gif

 

 

Meanwhile at IGG ..... nothing really.  F1JV appears to be talking to himself and no ones listening.  Not worth posting.   Although, he did have an interesting link I haven't seen b4.  Not sure if it's been listed here yet.  Atacos 2019 IP catalog.   CLICK HERE

 

JP is still staying quiet at Pigeon Headquarters.

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Well ... you know things have gone bad with King John, when his last youtube video is about his old Sinclair ZX Spectrum 2.  ?  The only thing he has to say about the Ashoebox is right at the end, and I quote, 

 

" .. and the Artari VCS will coom out, it's just a matta of when.  'Caus this fooken Corouna Virus ... ehhh ... ehh .. it stopped production ... and we just got wait until .. eh .. production starts.  That's what it's all aboat."   

 

I sincerely hope your fooken happy Atari! ?

 

jp.thumb.JPG.63d932ccfd6324f6444cd5f171fade61.JPG

 

 

 

 

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2 hours ago, frankodragon said:

"Atari" is digging itself into a deeper hole with all its frivolous lawsuits so it's becoming more and more unattractive for others to buy out their company.

Indeed, and buying a company is also buying its debts, especially the 3-million-dollar one to backers...

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4 hours ago, frankodragon said:

"Atari" is digging itself into a deeper hole with all its frivolous lawsuits so it's becoming more and more unattractive for others to buy out their company.

Their fiscal year ends in about 3 weeks, and their financial statements are public. They recently won a default judgment worth over $4M -- the defendant didn't show up, and won't be able to pay -- but it will be interesting to see how they present themselves in their shareholder report. Isn't it possible that there's a greedy trademark troll out there that likes this kind of thing?

 

@roots.genoa the Atari VCS was organized as a separate entity called Atari GameBox, LLC, as we saw in the Feargal lawsuit. I wonder if the crowdfunding scheme is actually considered $3M in "debt," or just "contributions" that have few strings on them?

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On 3/7/2020 at 6:52 AM, Flojomojo said:

The Atari Vs. Hyperkin case is the nut of the debate over whether Atari can prevent someone else from making a console or joystick controller with a similar look and feel as the 1977 oldies. 

 

Atari sends cease and desist letters and brings lawsuits against others for making t-shirts and stickers with pictures of joysticks and consoles, but to my knowledge, Atari doesn't make much official gear of their own with these images. I suppose there's that $30 box of junky trinkets sold at Target during the holidays. Far more often, they use their holdings offensively, acting as trademark trolls to collect damages from accused infringers. 
 

Their stockholder information lists losing trademarks as risks. It seems likely that they know they're on shaky legal ground. 
 

Hyperkin, like Target, doesn't seem to be taking this lying down. 
 

Like the rest of the market, Atari stock isn't doing much lately. They're posting near-record lows again. 

C9362744-915B-4A85-B515-F8684D8D95BE.thumb.jpeg.3b624c5c61b349dc6bb4f1c9c9883ddf.jpeg

See here's a thing about trademark and patent law: they aren't interchangeable. If there's anything I've learned from watching Lawful Masses recently, it's that you cannot trademark anything tangible. Atari's case is already shaky because they are entering the case trying to say that Hyperkin is ripping off logos or motiffs from the 2600 and the clone consoles AtGames are producing under license. On top of the fact that this is a hard case to prove under normal circumstances, it's nearly impossible when you look at it and compare to the 2600:

M07280_Pkg_Product__85320.1528827912.128 1200px-Atari-2600-Wood-4Sw-Set.jpg

 

I am going to state right now, I'm not a copyright, trademark or patent lawyer, and all of what I just said are simply what I've picked up from actual lawyers on YouTube. But I've come to understand quite clearly from multiple cases where entities tried to exploit such laws that trademark cannot be interchangeably used with copyright or patents since they cannot be legally used on anything tangible or physical. In my opinion: the intended course Atari wants the lawsuit  to take is for there to be an opening to use the long dead patents of the Atari 2600 as a means to prolong the case and hope Hyperkin will eventually want to settle, or to signify that stating compatibility with Atari 2600/Atari VCS games are not legal to state on the console or in a manual (again, to string the case out and force Hyperkin to settle). This is likely because several trademarks surrounding the 2600 are probably going to expire within the coming months, and Atari needs to prove that they're still using them in order to not lose them or be forced to release something that would utilize said trademarks.

 

The issue with them attempting to do this is that hardware is not trademarkable, the patents for the 2600 are long dead, and the logos and mentions of hardware compatibility and usage of the Atari name to demonstrate as such is considered fair use as multiple other cases (including the big one about emulation: Sony Computer Entertainment v. bleem Software) have shown. Atari cannot even pull Sony's BS by claiming unfair competition since they haven't produced a physical cartridge since 1995 (1990 for the 2600), Hyperkin isn't offering software with the Retron 77, and the hardware produced with Atari's license are only plug-n-plays that cannot play carts. Even with the assumption that this suit is about enforcing trademarks as to not lose them to expiring, this case is deeply flawed by the fact that Atari's going in on bad faith and/or anything they could try to use for their case is more than likely covered by fair use.

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I agree with you that their suit is BS on its face. The Retron77 barely evokes anything proprietary, it just looks 1970s-ish, and "Atari" never owned black plastic or fake wood grain. It would make just as much sense for the ghost of Radio Shack to rise up and demand a piece of the action. 
 

Reminder for those of us playing at home: we can follow the case by downloading most of the documents for free from here:

https://www.courtlistener.com/docket/14524473/atari-interactive-inc-v-hyperkin-inc/
 

They just got a time extension, so the upcoming stockholder report will probably not make any mention of this complaint. 
 

Watch for profits from their new ventures like casino games (recently kicked out of Kenya), blockchain (no longer hot), hotels (seriously WTF), game shows or movies.
 

Their retro licensing seems to be sustaining them, with a lot of help from trademark lawsuits. There's a mobile neon Missile Command coming out for its 40th anniversary, at least. 


And someday, the bomb-diggity Atari VCS with unprecedented freedom to act like an underpowered, oddly limited PC. 
 

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Fun fact: Austin Powers, an old joke itself, is from 1997. The period it spoofs is 1967, thirty years prior. Atari is from 1977 and trying to make itself a "lifestyle brand," trying to defy gravity and time itself. 
 

image.gif.34d5ca66f2634aef5554c2fd458eef16.gif

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Just now, Flojomojo said:

I agree with you that their suit is BS on its face. The Retron77 barely evokes anything proprietary, it just looks 1970s-ish, and "Atari" never owned black plastic or fake wood grain. It would make just as much sense for the ghost of Radio Shack to rise up and demand a piece of the action. 
 

Reminder for those of us playing at home: we can follow the case by downloading most of the documents for free from here:

https://www.courtlistener.com/docket/14524473/atari-interactive-inc-v-hyperkin-inc/
 

They just got a time extension, so the upcoming stockholder report will probably not make any mention of this complaint. 

The best case they could have would be evoking the patents, which I remind everyone reading this are long dead; since hardware patents expire after 20 years in the United States, and most of the 2600's patents were filed around 1975-76, the old VCS patents expired not long after Atari dropped out of the console market entirely.

 

As for the black plastic or fake wood grain on video game hardware, RCA and Magnavox beat Atari to that market as well, so if that's Atari logic General Electric and Philips (respective owners of RCA and Magnavox) could file a suit against them for the same reasons.

 

I imagine the only reason this case isn't being thrown out is likely because of some legal minutia they're trying to push, and it seems that they're getting what I assume they want because of the extended time they just got granted. In the end it looks like Hyperkin isn't going to settle, in the same way Target didn't, so Atari will likely be left holding a lot of attorneys' fees and no victory to keep their trademarks alive. Best case scenario is that Atari gets to drop the case without being forced to pay for both their and Hyperkin's attorney's fees.

 

I just want to remind the Atari stockholders looking at this thread that this is what your investment is paying for right now: dead end commodity licensing, failed projects and endless attempts at keeping trademarks alive through tedious and unwarranted legal battles. You better hope Hyperkin doesn't pursue Atari to pay everyone's legal fees when the case ends in either Atari dropping or the courts finding Hyperkin in the right, because that's certainly not coming out of Chesnais or Arzt's pockets.

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8 minutes ago, Flojomojo said:

Heheheh 

Surely anyone with resources to spend/waste on Atari stock has better things to do than read the taco thread. 
 

Furthermore, surely anyone reading this thread has long ago figured out that Atari stock is not a great investment. 
 

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Well, Flojo, we have a handful of individuals on this forum that are openly invested in Atari stock, so I imagine with this thread being one of the biggest and most visited in recent years they are bound to take a peak every now and then. With that said...

2 minutes ago, TwoShedsWilson said:

It's one of those things you invest in because of a love of the product, not so much I want to get rich.

Yeah, I imagine that's probably a prevailing reason for many who invest in Atari SA right now, as I cannot imagine anyone thinking they're going to make that glorious comeback Atari keeps promising (besides the blindly believing IGG backers of this thread's topic, anyways). You know what, I take back that sentence; just going to go with what @racerx below me said. Either way, my point is that Atari is blowing company funds on a number of projects that appear to be failing, and accepting licensing deals that probably will not yield a lot outside of the initial checks written to them. The multiple bouts of frivolous litigation, in a vain attempt to hold onto dormant trademarks, is one of the bigger pits they appear to be currently tossing cash into.

Edited by DurradonXylles
Because financial investment is about profit, full stop, and I need some caffeine.
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1 hour ago, TwoShedsWilson said:

It's one of those things you invest in because of a love of the product, not so much I want to get rich.

 

The goal of investing generally isn't to lose money...

 

If you want to show love of the product, send them a heartfelt greeting card or something.

Edited by racerx
Using the phone without the reading glasses...
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1 hour ago, TwoShedsWilson said:

It's one of those things you invest in because of a love of the product, not so much I want to get rich.

If you're ol' PDubs or like throwing your money away, then sure, but throwing your money away haphazardly isn't an investment - it's stupidity. 

 

At that point, you may as well donate money to charities instead. That's a much better use of unwanted cash than filling Fred's coffer. 

Edited by TankedThomas
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