Amiga Inc. Sues Hyperion VOF.

[Ultron]

http://dockets.justia.com/docket/court-wawdce/case_no-2:2007cv00631/case_id-143245/

Amiga Inc v. Hyperion VOF

Plaintiff: Amiga Inc
Defendant: Hyperion VOF

Case Number: 2:2007cv00631
Filed: April 26, 2007

Court: Washington Western District Court
Office: Seattle Office [ Court Info ]
County: XX US, Outside District
Presiding Judge: Hon. Ricardo S Martinez

Nature of Suit: Intellectual Property - Trademark
Cause: 28:1338 Trademark Infringement
Jurisdiction: Federal Question
Jury Demanded By: Plaintiff

Via: Amigaworld

[killergorilla]

This just gets better and better.

[coze]

And the winner is !

Amiga Inc v. Hyperion VOF

[ppill]

Farcical...

[Zetr0]

Hyperon FOR THE WIN!!!!!!!!!!!!!!!



now all i have to do is get on that jury!!!!!!!

[eLowar]

Taken from a comment by Seer at Amigaworld.net:

http://www.merlancia.us/amiga-hyperi...w_case_doc.pdf

Long read, could someone summarize it for me?

[coze]

master piru at a.org found the official lawsuit document. it's pretty interesting ! It seems AInc paid 32.000$ to Hyperion and expected them to release the code after they worked ... 7 years on it ?

edit : ah elowar beat me to it

[Zetr0]

heres the full plantiff pdf version...

http://www.merlancia.us/amiga-hyperi...w_case_doc.pdf

I can only hope bill McEwans next Turd is a Elephant sized Cactus!!!

[edit]
I was in the middle of the post and then i got reading it.

[tootoid]

Originally Posted by coze

....It seems AInc paid 32.000$ to Hyperion and expected them to release the code after they worked ... 7 years on it ?....

Yeah but (I think) AInc are saying that 4 of those years were caused by the OS not being ready and slipping past the promised release date.

Whoever's telling the truth, this should be entertaining.

[Calgor]

One thing missing is the original 2001 agreement.

Edit:
It also refers to some other similar Declaration by "Barrie Jon Moss", which I don't think is there either.

[ppill]

Originally Posted by eLowar

http://www.merlancia.us/amiga-hyperi...w_case_doc.pdf

Amiga identified an opportunity to help achieve its goal of re-emerging as an industry leader

Amiga's revamped business plan to return as a mojor, if not the top, player in the computer industry

prevent Amiga from capitilizing on the opportunity to re-establish itself as a leader in the computing world

Which planet does Bill McEven inhabit?

[killergorilla]

Planet ballsack.

[Anubis]

Originally Posted by ppill

Which planet does Bill McEvan inhabit?

How come Bill never sued Micro$osft for use of his logo in picture tab?

Oh, I think I know - M$ has more money for lawyers.

[eLowar]

Do you have a license to post that cartoon here?

[Calgor]

You can try removing the filename from the above posted URL for even more fun.

[Anubis]

Originally Posted by eLowar

Do you have a license to post that cartoon here?

This makes me unlawful?

[eLowar]

Originally Posted by Anubis

This makes me unlawful?

Technically...

[keropi]

I knew we would be fingerlicked once again in the end!!!!
LOL
I wonder if they would really release OS4-classic in the first place.... hmmmm

[Zetr0]

lets not get into an argument on the public domain guys .

okay after a LONG (LOOOONG) read i found these two items from the write are very interesting... and yes i am going to make you read them HA!

--------------

G. Harm to Amiga

32. On Aprill 16,2004, I understand that Hyperion released a "developer's version" of
OS 4.0 not suitable for general release and use. Hyperion would later falsely claim that this
"developer's pre-release constitutes launch date for OS 4.0 I understand that on December 24,
2006 - just days after the Agreement termintated, Hyperion, in a thinly-veiled defensive
measure, finally launched OS 4.0. With its launch of OS4.0 on December 24, 2006, Hyperion
also attempted to revise history. Hyperion claimed that this launch was simply an "update" of
its release of OS 4.0 in 2004. Hyperion's attempt to "back-date" this launch date to its "developer
pre-release" date in 2004 is pure fiction.


33. All post-termination efforts by Hyperion to market any Amiga-related product
employing Amiga's intellectual property is harming Amiga in ways that cannot be corrected by
an award of money damages for a number of reasons. First, Hyperion's post-termiantion launch
of OS 4.0 and marketing of products without a license to do so, coupled with Hyperon's refusal
to release to Amiga the source code, object code and intellectual property title to OS 4.0 -
intellectual property assets that Amiga has paid for and now owns but not posses - not only
infringes Amiga's inttelectual property, but it prevents Amiga from entering the market for OS
4.0. The first to market advantage is important in any business pursuit but particularly critical in
the technolog space. Hyperions hijacking, holding hostage and refusal to release the code for
OS 4.0, couple its recently announced partnership with ACube for the distribution of OS 4.0,
precludes Amiga obtaining first mover advantage - a loss that is difficult if not possible
to compensate with money damages alone, and irreparable. Second, Hyperion's post-termination
development and marketing activiteis of any products based on Amiga's pre-exsisting intellectual
property assets - namely its trademarks - prevent Amiga from exclusively controlling the
manner in which its name and associated marks and artisic works are presneted to the public and to
its loyal enthusuasts as wella si harms the substantial goodwill associated with the Amiga name
and related marks in a manner that is irreparable. Hyperion's continued use of Amiga's famous
marks will likely confuse consumers as to the source or sponsorship of goods bearing Amiga
marks sold by Hyperion as well as actually dilute and tarnish those marks.

-----------

well its nice to know that swings and round-abouts are a plenty in the never never land of Amiga-Inc.

I have to adtmit some of the wording is most certainly designed for an american court,

introducing Hyperion as a Foriegn Corperation and then stating Hyperion Hijacking and Hostage taking ... can we just say Hyperion is a Plane Boming Terrorist? i mean really most washingtons dont have that long an attention span!!!!

as an adjunct Hyperion went into this agreement with KMOS (later changed to Amiga.inc after they purchased or got purchased another amiga something name.)

anyway that was wayback in 2000.... so why on page 60 of 65 are they still owing $22,500 to Hyperion in 2003 ? hmmmm

food for thought....

[coze]

I'ld be really happy if some wise amigan found a hole in AInc's arguments and shove that lawsuit into bill mc even gaping **se.