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SysAdmin 12-29-2011 11:13 PM

Commodore trademark has a new daddy
 
News from digitex via http://www.commodore-amiga.org/

http://www.commodore-amiga.org/en/fo...-daddy--#11229

(News article from site reprinted below for your convenience)

After months of hard work and international legal filings, I am thrilled to finally announce that Commodore Holdings (C Holdings), which is the corporate entity that owns and holds the trademark IP "Commodore" is no longer a part of or a division of Asiarim Corp. The stock in Commodore Holdings was pledged as collateral years ago, and 100% ownership of that company is now in the hands of a new group (wonder who that can be?). Additionally, a ruling came down this afternoon from the Netherlands court that has formally put Commodore Licensing B.V. into involuntary bankruptcy. This bankruptcy proceeding was initiated by this same group. Asiarim and whatever else is left of it will shortly be following suit. The Netherlands court will be appointing a receiver for the bankrupt parties within the next day or two.

Stay tuned for the further adventures of Commodore USA.....and btw, this news has NOTHING to do with our major announcements that will be forthcoming shortly.

Happy New Year everyone. I wish each and every one of you, our customers, supporters and forum members, health and happiness in 2012.

Barry

tasmanian guy 12-29-2011 11:49 PM

Re: Commodore trademark has a new daddy
 
What new major announcement?

So Commodore is no longer Commodore USA?

I am so confused in this whole saga. One of the best computers ever released hardly gets a mention in any of the retrobooks I've been reading of late. They just focus on Apple, IBM, Atari, Sega, Nintendo it was as if the Amiga never happened....perhaps it is just a dream and I'll wake up to find Bobby Ewing in my shower!

Kesa 12-30-2011 12:03 AM

Re: Commodore trademark has a new daddy
 
Quote:

Originally Posted by Transition (Post 673538)
News from digitex via http://www.commodore-amiga.org/

http://www.commodore-amiga.org/en/fo...-daddy--#11229

After months of hard work and international legal filings, I am thrilled to finally announce that Commodore Holdings (C Holdings), which is the corporate entity that owns and holds the trademark IP "Commodore" is no longer a part of or a division of Asiarim Corp. The stock in Commodore Holdings was pledged as collateral years ago, and 100% ownership of that company is now in the hands of a new group (wonder who that can be?). Additionally, a ruling came down this afternoon from the Netherlands court that has formally put Commodore Licensing B.V. into involuntary bankruptcy. This bankruptcy proceeding was initiated by this same group. Asiarim and whatever else is left of it will shortly be following suit. The Netherlands court will be appointing a receiver for the bankrupt parties within the next day or two.

Stay tuned for the further adventures of Commodore USA.....and btw, this news has NOTHING to do with our major announcements that will be forthcoming shortly.

Happy New Year everyone. I wish each and every one of you, our customers, supporters and forum members, health and happiness in 2012.

Barry

This implies that Transition is really Barry? I hope this isn't true.

Yeah i don't understand the saga either but I'm hoping this will mean CUSA will be worse off and not gain from it. They are not worthy of getting more than what they already have. Exactly what does this mean.

As for the big announcement, do we get a prize if we guess what it is? Don't expect me to reply to anything you say as i'm shunning you until you prove you are not Barry/digitex :razz:

Krischan76 12-30-2011 12:51 AM

Re: Commodore trademark has a new daddy
 
@CUSA/C=: Unlaid eggs. Nothing substantial so far.

JJ 12-30-2011 01:37 AM

Re: Commodore trademark has a new daddy
 
Well I read that to mean that CUSA now own the commodore trademarks and IP rather than just having a licence to use them.

Tension 12-30-2011 03:20 AM

Re: Commodore trademark has a new daddy
 
So the trademarks are now officially owned by Nicholas then? This is excellent news! Thank goodness for that, someone we can actually trust for once.

hooligan 12-30-2011 04:11 AM

Re: Commodore trademark has a new daddy
 
Quote:

Originally Posted by tasmanian guy (Post 673541)
perhaps it is just a dream and I'll wake up to find Bobby Ewing in my shower!

Which is why one should have a camera at hand all the time, even when taking a shower.

Terminills 12-30-2011 04:52 AM

Re: Commodore trademark has a new daddy
 
Quote:

Originally Posted by Kesa (Post 673542)
This implies that Transition is really Barry? I hope this isn't true.

Yeah i don't understand the saga either but I'm hoping this will mean CUSA will be worse off and not gain from it. They are not worthy of getting more than what they already have. Exactly what does this mean.

it means they own the IP now. As for being worse off don't count on it.

digitex 12-30-2011 07:49 AM

Re: Commodore trademark has a new daddy
 
Quote:

Originally Posted by Kesa (Post 673542)
This implies that Transition is really Barry? I hope this isn't true.

Yeah i don't understand the saga either but I'm hoping this will mean CUSA will be worse off and not gain from it. They are not worthy of getting more than what they already have. Exactly what does this mean.

As for the big announcement, do we get a prize if we guess what it is? Don't expect me to reply to anything you say as i'm shunning you until you prove you are not Barry/digitex :razz:

Well, we got 'mo!
On Dec 22, 2011 Commodore USA, LLC and Amiga Inc. signed a new contract granting us EXCLUSIVE WORLDWIDE rights to ALL format computers branded with the Amiga trademark IP. These registered trademarked logos include the BOING Ball, TIC/Check mark, letter A and the word AMIGA logos. Form factors include, but are not limited to Desktop, HTPC, Tower AIO/ Keyboard etc. This contract will run through Dec 31, 2018, with optional renewals. Additionally we have been granted the right to enforce the Amiga trademark IP, in instances where we feel the trademark property has been either used in an unauthorized manner or in a form not allowed under current international and US law. We look forward to releasing our initial Commodore Amiga branded computers beginning by the end of the first quarter 2012.

EDanaII 12-30-2011 08:00 AM

Re: Commodore trademark has a new daddy
 
Personally, I won't buy it unless it has an Amiga-like OS on it. But that't me and my narrow-minded views of what an Amiga is...

spirantho 12-30-2011 08:01 AM

Re: Commodore trademark has a new daddy
 
It's good that all the Commodore and Amiga branding is united under one roof again.....

.. as long as the names aren't just used to stick on generic PCs as leverage to sell machines anyway.

Everblue 12-30-2011 08:02 AM

Re: Commodore trademark has a new daddy
 
Most probably it will be 10 games in a joystick kind of thing.

Krischan76 12-30-2011 08:07 AM

Re: Commodore trademark has a new daddy
 
Quote:

Originally Posted by digitex (Post 673599)
Additionally we have been granted the right to enforce the Amiga trademark IP, in instances where we feel the trademark property has been either used in an unauthorized manner or in a form not allowed under current international and US law.

This may turn out to be the Devil's hoof for some, I'm afraid.

digitex 12-30-2011 08:19 AM

Re: Commodore trademark has a new daddy
 
Quote:

Originally Posted by Krischan76 (Post 673605)
This may turn out to be the Devil's hoof for some, I'm afraid.

????????

http://www.urbandictionary.com/defin...l's%20hoof

Krischan76 12-30-2011 08:22 AM

Re: Commodore trademark has a new daddy
 
Oh crap - I translated from my native language directly without consulting a dictionary. Funny meaning still.

dammy 12-30-2011 08:38 AM

Re: Commodore trademark has a new daddy
 
http://www.commodore-amiga.org/en/fo...end-2011#11285

commodorejohn 12-30-2011 08:38 AM

Re: Commodore trademark has a new daddy
 
Oh, huzzah, now the PC clones can have stickers on them without paying a licensing fee. HUZZAH, I SAY.

Matt_H 12-30-2011 09:06 AM

Re: Commodore trademark has a new daddy
 
Quote:

Originally Posted by digitex (Post 673599)
Well, we got 'mo!
On Dec 22, 2011 Commodore USA, LLC and Amiga Inc. signed a new contract granting us EXCLUSIVE WORLDWIDE rights to ALL format computers branded with the Amiga trademark IP. These registered trademarked logos include the BOING Ball, TIC/Check mark, letter A and the word AMIGA logos. Form factors include, but are not limited to Desktop, HTPC, Tower AIO/ Keyboard etc. This contract will run through Dec 31, 2018, with optional renewals. Additionally we have been granted the right to enforce the Amiga trademark IP, in instances where we feel the trademark property has been either used in an unauthorized manner or in a form not allowed under current international and US law. We look forward to releasing our initial Commodore Amiga branded computers beginning by the end of the first quarter 2012.

Uh, given that Amiga Inc.'s own ownership of those things is in question, you may have have just bought a bridge in Brooklyn...

Amiga_Nut 12-30-2011 09:10 AM

Re: Commodore trademark has a new daddy
 
This is an absolute disaster for the community.

The C64x, the most ambitious of all Commodore USA products, is to put it bluntly the bare minimum. The keyboard has no PETSCII decals, is less contoured than the original, there is no way to use ANY C64 related peripherals under emulation (be it real 9 pin joysticks or 1541 replacement SD drives), does not come with a decent OS and is so over priced it makes Alienware PCs look cheap.

Leave it.

spihunter 12-30-2011 09:57 AM

Re: Commodore trademark has a new daddy
 
Enjoy the Amiga curse!. You guys deserve it more then anyone!. I give you 6 months tops.

Duce 12-30-2011 10:08 AM

Re: Commodore trademark has a new daddy
 
They are still under the impression they can throw a bunch of workstation components in a case that any other company would charge $4,000 for and by virtue of the Amiga name, slap a $5,000 premium on it because it has the Amiga name on it. The Amiga name has no value to people using commodity high end workstations, sorry - much less the hysterical thought of said workstation PC's coming with Commodore OS, LOL. The Toaster days are long gone, sorry.

They can't, much less in a HTPC case like they had mocked up, lol. I'm not sure if they put much thought into how that HTPC case would become a microwave over with a couple CPU's and Quadro cards in it, not that they would fit anyways.

Personally, I'll wait for my Amiga boing ball branded bathroom fixtures. That's where the big cash cow lies, boys.

gizmo350 12-30-2011 10:13 AM

Re: Commodore trademark has a new daddy
 
Quote:

Originally Posted by digitex (Post 673599)
Additionally we have been granted the right to enforce the Amiga trademark IP, in instances where we feel the trademark property has been either used in an unauthorized manner or in a form not allowed under current international and US law.

Told ya this would happen!

I wonder what CUSA will do to those not paying a royalty for using the BOING Ball, TIC/Check mark, letter A and the word AMIGA logos on their websites or other uses such as merchandise.

amigasociety 12-30-2011 10:22 AM

Re: Commodore trademark has a new daddy
 
All this does not mean they can now go after Hyperion and Aeon again for use of the AmigaOne and AmigaOS names, can they?

tj

TheDaddy 12-30-2011 10:28 AM

Re: Commodore trademark has a new daddy
 
So nobody can use the letter "A"? :D

Oldsmobile_Mike 12-30-2011 10:35 AM

Re: Commodore trademark has a new daddy
 
Quote:

Originally Posted by spirantho (Post 673603)
It's good that all the Commodore and Amiga branding is united under one roof again.....

.. as long as the names aren't just used to stick on generic PCs as leverage to sell machines anyway.

+1

But congrats, in any case. Best of luck! :)

spirantho 12-30-2011 10:43 AM

Re: Commodore trademark has a new daddy
 
Quote:

Originally Posted by amigasociety (Post 673634)
All this does not mean they can now go after Hyperion and Aeon again for use of the AmigaOne and AmigaOS names, can they?

tj

Nope. That's already been settled, they can't be tried again, it'd just be thrown out of court.

Plus I seriously doubt C=USA either have the money to go through such a court case, or to be stupid enough to try, given the fact that it's already been decided in Hyperion's favour (and before anyone pipes up saying Hyperion didn't win, it was quite obvious that Hyperion had the stronger case otherwise Amiga Inc wouldn't have capitulated so easily - that's as good as winning).

Terminills 12-30-2011 12:06 PM

Re: Commodore trademark has a new daddy
 
Quote:

Originally Posted by digitex (Post 673606)

ROFL :rofl:

Delta 12-30-2011 12:18 PM

Re: Commodore trademark has a new daddy
 
So that's a big annoucement for them? ....ooooo...kaayy... Now what?

A company selling fake 64s and planning to build fake Amigas buying the rights from a company doing absolutely nothing... Wow! bright future ahead...

/end of huuuuuge sarcasm

Kronos 12-30-2011 12:21 PM

Re: Commodore trademark has a new daddy
 
Did AInc really capitulate or did they just found a way of getting what they wanted (being able to licence "teh name" to someone else) without further cost ?

Hyperion having a stronger case ??? Wasn't it something around:
"Since we didn't fullfill our part of the contract(s) we now demand that we are allowed to pull a clause that has been illegal from day one (read reordering creditors)"

The whole court case was a complete mess from both sides and the quality of the settling wasn't much better, so yes I'm quite sure a good lawyer could find a loophole allowing NotC=USA to sue Hyperion over the use of the Amiga-trademarks.

Do I think they will go down that way ? *shrug* ..... but I sure keep a king-size bucket of popcorn ready just in case ;)

Akiko 12-30-2011 12:24 PM

Re: Commodore trademark has a new daddy
 
Quote:

Originally Posted by amigasociety (Post 673634)
All this does not mean they can now go after Hyperion and Aeon again for use of the AmigaOne and AmigaOS names, can they?

tj

I shouldn't think so, logos form part of the settlement between Hyperion and Inc.
I'm not sure on A-eon, if they have acquired the AmigaOne name somehow from
Hyperion, are if it was transferred from Eyetec who were granted the original rights
from Ainc.

Amiduffer 12-30-2011 12:28 PM

Re: Commodore trademark has a new daddy
 
http://www.youtube.com/watch?v=DpO7kBm0mxM

The whole thing reminds me of this.

cgutjahr 12-30-2011 01:55 PM

Re: Commodore trademark has a new daddy
 
Quote:

Originally Posted by digitex (Post 673599)
[...] granting us EXCLUSIVE WORLDWIDE rights to [...] the BOING Ball

I'm not a native English speaker, so could you please clarify if you claim to have an exclusive license to use the Boingball image? That would directly contradict AInc's settlement with Hyperion, that's why I'm asking.

Quote:

These registered trademarked logos include the BOING Ball, TIC/Check mark, letter A and the word AMIGA logos.
AFAIK, neither the check mark nor the letter A are registered trademarks in the US or Europe - I was actively searching for registered Amiga related trademarks a while ago. Could you give us some serial no. or anything like that so we can check the registration in the USPTO database?

If they're not registered, any claims of ownership are on somewhat shacky ground IMHO. The italic "A" (I doubt you can actually protect that at all) hasn't been used commercially for fifteen years, the last commercial use of the checkmark was a decade ago (and if I don't tell you where it has been used, you'd never find out).

number6 12-30-2011 02:10 PM

Re: Commodore trademark has a new daddy
 
Quote:

Originally Posted by cgutjahr (Post 673664)
I'm not a native English speaker, so could you please clarify if you claim to have an exclusive license to use the Boingball image? That would directly contradict AInc's settlement with Hyperion, that's why I'm asking.


AFAIK, neither the check mark nor the letter A are registered trademarks in the US or Europe - I was actively searching for registered Amiga related trademarks a while ago. Could you give us some serial no. or anything like that so we can check the registration in the USPTO database?

If they're not registered, any claims of ownership are on somewhat shacky ground IMHO. The italic "A" (I doubt you can actually protect that at all) hasn't been used commercially for fifteen years, the last commercial use of the checkmark was a decade ago (and if I don't tell you where it has been used, you'd never find out).


I commented on that here
Please read my interpretation and tell me if I'm wrong.

#6

haywirepc 12-30-2011 03:11 PM

Re: Commodore trademark has a new daddy
 
I don't understand how someone can sell exclusive worldwide rights to something someone else already had been given rights to in a previous legal agreement, but then thats just the dirtball kind of thing we've got to expect from silly billy over at the joke of amiga inc. I guess he needed to do something because the sales of his snowman app (Their only product in HOW many years) have been slipping lately. :roflmao:

Also, what happened to their tablets? Their "SHOP" does not work for how long now. I guess they didn't have money to actually buy and rebrand those things.

Also...saying your buying NON amiga commodore ip is kind of strange. What do you then own? commodore pet,vic20, c64/65 and 128 basic roms? I suppose the commodore name and the right to use it for anything you want is worth something, but I can't imagine what pre-amiga commodore IP is worth.

Interesting... I hope they do something good with the name but given their track record so far, I'm not holding my breath.

Steven

number6 12-30-2011 03:20 PM

Re: Commodore trademark has a new daddy
 
Quote:

Originally Posted by haywirepc (Post 673671)
Also, what happened to their tablets? Their "SHOP" does not work for how long now. I guess they didn't have money to actually buy and rebrand those things.
Steven


somewhat newish info

#6

cgutjahr 12-30-2011 03:36 PM

Re: Commodore trademark has a new daddy
 
Quote:

Originally Posted by number6 (Post 673666)
Please read my interpretation and tell me if I'm wrong.

I take it you're referring to the fact that the Boingball image is not registered anymore either. That's correct, but for the sake of simplicity (reregistering or even defending it without having it registered should be very easy, as it's still in commercial use) I decided to not mention that. Barry already has enough questions to answer.

orb85750 12-30-2011 04:40 PM

Re: Commodore trademark has a new daddy
 
Quote:

Originally Posted by spirantho (Post 673603)
It's good that all the Commodore and Amiga branding is united under one roof again.....

.. as long as the names aren't just used to stick on generic PCs as leverage to sell machines anyway.

The wrong roof.

Akiko 12-30-2011 04:48 PM

Re: Commodore trademark has a new daddy
 
Quote:

Originally Posted by number6 (Post 673674)

Looks like some people got screwed over, a leopard doesn't change it's spots.

dammy 12-31-2011 12:59 AM

Re: Commodore trademark has a new daddy
 
Quote:

Originally Posted by Delta (Post 673653)
So that's a big annoucement for them? ....ooooo...kaayy... Now what?

No, this is not the big announcement. Haters should rest up, they will need all their strength when the announcement hits.

Kronos 12-31-2011 01:23 AM

Re: Commodore trademark has a new daddy
 
You mean another fantastic news like that deal with Disney ?

Or that fantastic 30.000.000$ advertising budget ?

Don't forget the 100.000++ NotC=64s that have been sold via major retail outlets !!

Or that fantastic Mint-Linux based Ski^H^H^H COS !!!!!!

Hanging on the tip of my chair.


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