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number6

Amiga/Amico and the trademark objection

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New thread to avoid further disturbance of "Fun Amico Conversation"

This way people can avoid the trademark topic without having to avoid their principle thread of enjoyment.

 

Initial writeup with the only known comment from the rights holder

 

Each post is a snapshot in time, so information has changed. In the case of the above article, the objection to the filing for the Amiga mark in the U.S. was dropped by Hyperion. Later this U.S. mark was registered to Cloanto Corporation in the U.S.

Still later a delayed assignment was made of the same mark from Cloanto Corporation to Amiga Corporation.

The mark had already been registered prior in Europe. Current registration in Europe is to Amiga Corporation.

 

btw-THEA500 is a registered trademark of Retro Games Ltd. and does -not- have "Amiga"  in its name, despite people referring to it as "Amiga Mini".

This is for the same reasons expressed in the article linked. Ongoing legal activity between various parties.

 

Hope this helps. 

 

#6

 

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That would suck if they produced consoles called Amico and then couldn't use the name.

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Yes, that would be sad if Cloanto won.

 

Amiga and Amico both belong to the video game realm, sure, but even with the A500 Mini, Amiga is only remembered by a niche of (mostly European) retrogamers who are perfectly able to see the difference between the Amico and their beloved microcomputer... That kind of litigation has only relevance if it can confuse customers, and I really don't see how it could.

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I don't understand how Amiga would have a case.  I mean the name Amico is similar, but it's not the same.  How can someone get away with blocking the use of a name they don't even own?  I think some people these days are just money hungry and that's all they care about.  SMH.

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26 minutes ago, atarifan88 said:

I don't understand how Amiga would have a case.  I mean the name Amico is similar, but it's not the same.  How can someone get away with blocking the use of a name they don't even own?  I think some people these days are just money hungry and that's all they care about.  SMH.

If the IP owner licenses to a 3rd party this licensor is responsible for the defense to protect their licensee. For example if Intellivision Amico placed product in a store and a trademark challenge arose, the store would not be responsible for trademark defense. This type of filing is commonplace in the world of Amiga.

 

Please don't make too much of this. What I posted prior was to clarify a few major misconceptions caused by the rush to push out news concerning Retro Games Ltd.'s announcement concerning THEA500. 

 

#6

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Posted (edited)

It's funny that even "Amiga" can still be a trademark. Just like Amico, it's an ordinary word in a non-English language. Maybe Cloanto is upset because "Amico" is Italian and they are from Italy as well.

Edited by derSammler

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Not shocked that the name is being challenged, but a little surprised none-the-less.

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Posted (edited)
54 minutes ago, number6 said:

This type of filing is commonplace in the world of Amiga.

Unfortunately. The Curse Of Amiga. The fact it's now being extended to Amico is ludicrous.

Edited by youxia
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Could this just be a publicity stunt?   Seems odd they pull this as they announce the Amiga mini and not years ago.

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18 hours ago, number6 said:

New thread to avoid further disturbance of "Fun Amico Conversation"

This way people can avoid the trademark topic without having to avoid their principle thread of enjoyment.

 

Initial writeup with the only known comment from the rights holder

 

Each post is a snapshot in time, so information has changed. In the case of the above article, the objection to the filing for the Amiga mark in the U.S. was dropped by Hyperion. Later this U.S. mark was registered to Cloanto Corporation in the U.S.

Still later a delayed assignment was made of the same mark from Cloanto Corporation to Amiga Corporation.

The mark had already been registered prior in Europe. Current registration in Europe is to Amiga Corporation.

 

btw-THEA500 is a registered trademark of Retro Games Ltd. and does -not- have "Amiga"  in its name, despite people referring to it as "Amiga Mini".

This is for the same reasons expressed in the article linked. Ongoing legal activity between various parties.

 

Hope this helps. 

 

#6

In response to:

Section of IntelliMission post that refers to Amiga

 

Here are the documents that correspond to what I posted above.

Our central list

The assignment - Note the date 

Quote

Recorded: 01/14/2021

 

From the central list - The registration to Cloanto Corporation on February 16, 2021

After what could be called a reasonable degree of patience, a reminder is sent to complete the task of the assignment

This is also on the central list - Note date - It's now March, 2021

The entries for June are office action on the matter

Not in the central list, but in the prosecution summary follows:

Quote
Jul. 03, 2021 CORRECTION UNDER SECTION 7 – PROCESSED

5

 

Finally we get the official document with correction

 

Edit added to support reference in initial text to Europe:

Amiga Corporation (EUIPO)

 

I hope all the uspto links work for you. They can be tricky depending on browser/expired sessions etc.

 

#6

Edited by number6
Added reference

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45 minutes ago, zzip said:

Could this just be a publicity stunt?   Seems odd they pull this as they announce the Amiga mini and not years ago.

The Amiga Mini is called the "A500 Mini", it's not even using the Amiga trademark. 

 

It doesn't even look like the guy that filed the complaint cares much about it either.  From the link in the opening post:

 

"Approached by amiga-news.de, Mike Battilana (Cloanto, Amiga Corporation) explains that this opposition was requested "by a contractual partner", and that he had no option but to heed the request. Normally it would have been executed via the new Amiga company, but since Hyperion has not released their US oppositions, and this is a US case, it had to be filed under Cloanto. (cg)"

 

Does anyone know who the "contractual partner" is that wanted this complaint filed.  Hyperion and Cloanto are having their own dispute so I assume it's not Hyperion.  Is it Retro Games Ltd, the people making the A500 Mini, but they aren't even using the Amiga trademark.  Anyway, I don't know if anyone thinks whoever is behind the complaint actually has a case.

Edited by mr_me
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45 minutes ago, mr_me said:

The Amiga Mini is called the "A500 Mini", it's not even using the Amiga trademark. 

 

It doesn't even look like the guy that filed the complaint cares much about it either.  From the link in the opening post:

 

"Approached by amiga-news.de, Mike Battilana (Cloanto, Amiga Corporation) explains that this opposition was requested "by a contractual partner", and that he had no option but to heed the request. Normally it would have been executed via the new Amiga company, but since Hyperion has not released their US oppositions, and this is a US case, it had to be filed under Cloanto. (cg)"

 

Does anyone know who the "contractual partner" is that wanted this complaint filed.  Hyperion and Cloanto are having their own dispute so I assume it's not Hyperion.  Is it Retro Games Ltd, the people making the A500 Mini, but they aren't even using the Amiga trademark.  Anyway, I don't know if anyone thinks whoever is behind the complaint actually has a case.

The earliest reference to this, for what it's worth

 

Added reference to illustrate the actual participants in this particular dispute

The expected court ruling will go a long way to determining the outcome of other issues between 3rd parties

 

#6

Edited by number6
Added reference

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Could it not be branded "Intellivision Amico" rather than just Amico?

This is just another unnecessary headache getting in the way of me crippling everyone's high scores on the leaderboards lol yeesh

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12 minutes ago, theGdubbz said:

Could it not be branded "Intellivision Amico" rather than just Amico?

This is just another unnecessary headache getting in the way of me crippling everyone's high scores on the leaderboards lol yeesh

Quote

A third request for extension of time to file a Statement of Use has been granted.

There is already a filing on that one

 

You can toggle between "status" and "documents" and click "expand all" to see all the communications.

 

#6

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On 8/18/2021 at 11:05 AM, theGdubbz said:

Oh :( is this going to make a ripple in our pond? Hopefully nothing too crazy

I don't think it will be a big ripple.

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On 8/18/2021 at 10:03 AM, PikoInteractive said:

They are working on a Settlement.

 

 

Settlement Amico and Amiga.pdf 789.97 kB · 20 downloads

 

That is crazy. Having to settle on something like this when the name and product called "Amico" has NOTHING to do with nor could it be confused with the product being made by the owners of the name "Amiga". That is straight up money grubbing BS. I'm no big fan of the Amico or how the company is going about marketing this new Intellivision console but good Lord, if you confuse Amiga for Amico or vice-versa perhaps you shouldn't be allowed to buy either.

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Some fun Italian/Sicilian street slang and how one can see how this got all confused... 

 

Amiga is the Portuguese, Spanish, Occitan and Catalan word for "friend" in the feminine, or "female friend"

 
Amico is more of a proper Italian "slang" or dialect based word for male "good buddy", "close pal", "one of us" type thing.  It's not really used often in "common talk" and replaced more with goomba or even pisano (paesano, pizano) actually means person from Pisa.  English use "Mate", in US it's "Bud, or Buddy".  In Newyorkese is "Bro" ... etc.  "Amico" would be like meeting someone new, and being very friendly and nice.  He's my new Amico... or he's an amico. A very nice person.
 
Amico can also mean...  
Associate with crime, or a newly introduced member to the Mafia - being of NY Sicilian decent, and that I may have been exposed to certain things in the 80's... it was Goomba.  Never Amico.
friend [noun] someone who knows and likes another person very well
friend [noun] a person who acts in a friendly and generous way to people etc he or she does not know
 
Goomba is street slang, meaning a close associate, insider, tight friend, and Paesano which again is a slang word, literally means "person from the city of Pisa" but in street slang means "hey, we're from same village or town!".  It's now used as like "brother friend" tight... kinda thing.. hugs...pats on back, etc.. or in Andrew's case... we seemingly two-hand hold faces and kiss everyone... which is not true at all. The only time two Italian/Sicilian men two hand face hold and kiss, is when it's "time to say good-bye"... and you know what I mean.  Goomba is a definite mob slang, where paesano is more meant for tight group of friends.  Cloudy, but one should not mix the two.  When you say Goomba... that's really ...well... you know.
 
"Hey... Paesano!!  How you doin'?"
"Hey... one of your Goomba's are over there waiting for you..."
 
This is going to be one of those fights like where Christopher Columbus was actually from .. which he was Italian flying under the flag of Portugal because the Italians thought he was nuts and tossed him out.  Queen Isabella of Portugal probably thought Chis was kinda cute, had a nice smile and liked the pitch, so she gave him some ships and crews.  Meanwhile.. he came back and claimed it all for Italy...which doesn't really make sense because they were Portuguese ships and crews.  She was pissed.
 
so to sum it up... it most likely won't go anywhere because good luck proving one is stolen from the other... they don't mean the same thing at all. 
 
Hope you enjoyed this fun walk down the Italian/Sicilian road of slang... 
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On 8/12/2021 at 10:51 AM, mr_me said:

The Amiga Mini is called the "A500 Mini", it's not even using the Amiga trademark. 

 

It doesn't even look like the guy that filed the complaint cares much about it either.  From the link in the opening post:

 

"Approached by amiga-news.de, Mike Battilana (Cloanto, Amiga Corporation) explains that this opposition was requested "by a contractual partner", and that he had no option but to heed the request. Normally it would have been executed via the new Amiga company, but since Hyperion has not released their US oppositions, and this is a US case, it had to be filed under Cloanto. (cg)"

 

Does anyone know who the "contractual partner" is that wanted this complaint filed.  Hyperion and Cloanto are having their own dispute so I assume it's not Hyperion.  Is it Retro Games Ltd, the people making the A500 Mini, but they aren't even using the Amiga trademark.  Anyway, I don't know if anyone thinks whoever is behind the complaint actually has a case.

Please forgive my late reply. I have to think about how to respond to certain questions...

 

My only comment in regard to "contractual partner" is to suggest that you listen to Nick Richard's description from a month ago. Please keep in mind these things can change daily and this is just one side of the story:

2:04:30 if your browser doesn't handle timestamps correctly

Keep in mind this interview was conducted prior to the issue of the Updated Registration Certificate of the Amiga trademark to Amiga Corporation. (link in post #10)

 

I'll also note that Tommy Tallarico used the term "multiple" more recently here to illustrate the # of "Amiga" companies involved.

I understand that utubers have basically made certain claims and counter claims about the facts here. I'll merely suggest that finding a document does not necessarily equate to understanding the meaning of the contents of said document.

 

#6

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6 minutes ago, number6 said:

Please forgive my late reply. I have to think about how to respond to certain questions...

 

My only comment in regard to "contractual partner" is to suggest that you listen to Nick Richard's description from a month ago. Please keep in mind these things can change daily and this is just one side of the story:

2:04:30 if your browser doesn't handle timestamps correctly

Keep in mind this interview was conducted prior to the issue of the Updated Registration Certificate of the Amiga trademark to Amiga Corporation. (link in post #10)

 

I'll also note that Tommy Tallarico used the term "multiple" more recently here to illustrate the # of "Amiga" companies involved.

I understand that utubers have basically made certain claims and counter claims about the facts here. I'll merely suggest that finding a document does not necessarily equate to understanding the meaning of the contents of said document.

 

#6

My understanding is that Cloanto and Amiga Corporation are the same guy.  And the dispute is between him and Hyperion over the Amiga name.

 

That video interview with the CFO explains that the issue with the Amico trademark is a non-issue.  The Amiga people simply want a letter from Intellivision Entertainment that they won't sue them.

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6 hours ago, IMBerzerk said:

Some fun Italian/Sicilian street slang and how one can see how this got all confused... 

 

Amiga is the Portuguese, Spanish, Occitan and Catalan word for "friend" in the feminine, or "female friend"

 
Amico is more of a proper Italian "slang" or dialect based word for male "good buddy", "close pal", "one of us" type thing.  It's not really used often in "common talk" and replaced more with goomba or even pisano (paesano, pizano) actually means person from Pisa.  English use "Mate", in US it's "Bud, or Buddy".  In Newyorkese is "Bro" ... etc.  "Amico" would be like meeting someone new, and being very friendly and nice.  He's my new Amico... or he's an amico. A very nice person.
 
Amico can also mean...  
Associate with crime, or a newly introduced member to the Mafia - being of NY Sicilian decent, and that I may have been exposed to certain things in the 80's... it was Goomba.  Never Amico.
friend [noun] someone who knows and likes another person very well
friend [noun] a person who acts in a friendly and generous way to people etc he or she does not know
 
Goomba is street slang, meaning a close associate, insider, tight friend, and Paesano which again is a slang word, literally means "person from the city of Pisa" but in street slang means "hey, we're from same village or town!".  It's now used as like "brother friend" tight... kinda thing.. hugs...pats on back, etc.. or in Andrew's case... we seemingly two-hand hold faces and kiss everyone... which is not true at all. The only time two Italian/Sicilian men two hand face hold and kiss, is when it's "time to say good-bye"... and you know what I mean.  Goomba is a definite mob slang, where paesano is more meant for tight group of friends.  Cloudy, but one should not mix the two.  When you say Goomba... that's really ...well... you know.
 
"Hey... Paesano!!  How you doin'?"
"Hey... one of your Goomba's are over there waiting for you..."
 
This is going to be one of those fights like where Christopher Columbus was actually from .. which he was Italian flying under the flag of Portugal because the Italians thought he was nuts and tossed him out.  Queen Isabella of Portugal probably thought Chis was kinda cute, had a nice smile and liked the pitch, so she gave him some ships and crews.  Meanwhile.. he came back and claimed it all for Italy...which doesn't really make sense because they were Portuguese ships and crews.  She was pissed.
 
so to sum it up... it most likely won't go anywhere because good luck proving one is stolen from the other... they don't mean the same thing at all. 
 
Hope you enjoyed this fun walk down the Italian/Sicilian road of slang... 

Amico Paesano has a nice Ring to it tbh

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1 hour ago, mr_me said:

My understanding is that Cloanto and Amiga Corporation are the same guy.  And the dispute is between him and Hyperion over the Amiga name.

 

That video interview with the CFO explains that the issue with the Amico trademark is a non-issue.  The Amiga people simply want a letter from Intellivision Entertainment that they won't sue them.

It's about AmigaOS (not Amiga) in this case, but only from the perspective of trademark in this example:

Suspension letter to Hyperion in 2020

Please read the section about prior-filed application and note the trademark underneath that it refers to.

Basically it is saying that if the trademark for Amiga registers (which it has now) then uspto may have to cancel the application for AmigaOS.

Note the serial number matches the number referred to in the suspension letter

 

I don't think discussing Hyperion's issues here would be of any interest to Amico fans though.

 

#6

Edited by number6
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