AmigaKit still in business

[number6]

@thread

Just so you're clear regarding going after a little guy or a big guy...

Matthew was concerned about TheA500.
Source
Why he's asking me about another company's intentions leads me to believe he didn't speak with them first...either.

Anyway, if you click the link you'll see a link at top for "view historic details".
As you can readily detect, shortly after asking me...he filed objection. This failed, but shows he's willing to go after more than just the little guy.

His answer to his failure against THEC64 folks (who registered THEA500) was to file for A500, to compliment his A1200, A4000, A600 etc. registrations.
Source

I do not wish to start a new argument about this particular battle. I'm merely pointing out that "big guy and little guy" don't apply when it comes to staking your claims on Amiga IP.

#6

[amipal]

@stevelord
Thank you for taking the time to post these, Steve. Really appreciate the calm comments, and the suitable explanations of the rationale behind the legalities.


I think people may be a bit too quick to go off half-cocked based on prior experience with customer service.

[TjLaZer]

My take is AmigaKit better stop with the lameness if they want to keep customers. It looks really bad for them right now. Focus on selling Amiga stuff and not causing problems. My 2 USD cents.

[Bren McGuire]

Please, can anybody explain the relationship between Amiga Addict and Simulant Systems? I don't understand this anymore.

Originally Posted by rats

I am a freelance writer on AA so this is my 2 cents. But I cannot speak for simulant systems.

[stylon]

They're the company that print the magazine.

[stevelord]

Originally Posted by stylon

They're the company that print the magazine.

Presumably Simulant Systems Ltd are the company that owns the magazine, and if registration is successful, the trade mark.


I get that "print" implies ownership, but just wanted to make that link explicit.

Originally Posted by number6

@thread
His answer to his failure against THEC64 folks (who registered THEA500) was to file for A500, to compliment his A1200, A4000, A600 etc. registrations.
Source

This puts AmigaKit's registrations in quite a different context to what I previously understood. After seeing Andrews rock up with the Sam Coupe community pretty much saying "I own your name" (when Quazar single-handedly kept that boat afloat) and the Octavius K1tten fiasco I'm not surprised. I guess this is why we can't have nice things.

[bytes]

There's some other background also here: https://wordpress.hertell.nu/?p=953

[dreamkatcha]

'880 Gamer' neatly avoids any legal hand-wringing. Anyone who's interested knows it's all about the Amiga without explicitly stating it in the title or claiming rights to or ownership of anything.

[bytes]

Originally Posted by stevelord

A trademark doesn't protect your brand. It registers rights to a specific mark (in this case, logo).

This is incorrect. See attachment from the UK Government website. It clearly states it "protects your brand" and also helps you take legal action "against counterfeiters".

Originally Posted by stevelord

Agreed, but nobody in this situation has done that. The TM7a is a way to extend time, as you said in your comment not an opposition in itself. If AmigaKit tried to police a mark they don't own I'm unsure how they could expect that to end well for them.

The TM7a should only ever be filed if you are serious about opposing. It isn't something to be taken lightly and is not just a standard thing to submit. In fact if you then do go on to oppose, the trademark applicant then loses the money they've spent applying for the trademark and also has to pay towards the opposer's filing costs. They then also lose their right to the IP (so I can understand how AA do feel that someone is trying to "harm" them, it could certainly end up being expensive). The government website also states that if you receive a TM7a, then you should seek legal advice - and everyone knows lawyers aren't cheap either! So the TM7a is not a nice thing for them to receive at all. It's more than just a notification or warning.



I think some people have said "blame trademark law" for example. But the law is good, it is there to help. It's like saying blame the gun for the murder, not the shooter. Or blame the benefits system for lazy people. Or blame a vicious dog for biting, not its owner. Trademark law is not at fault, it is misuse of the tools available that is the problem.


The government guidance clearly states "Filing a TM7a does not commit you to opposing the application but you should not file one unless you are seriously considering doing so."

Originally Posted by stevelord

That would also come across as somewhat against the community spirit in which AA asserts to be based, but might just be someone thinking the trademark means something it doesn't.

As far as I can see from reading AA, they have only ever promoted everyone. In fact there hasn't been any adverts for Simulant Systems Ltd in the magazine. They've promoted other Amiga magazines and companies, Ami64 or Retro Passion etc advertise regularly. The X5000 has been promoted which Amiga Kit sell. I think you saying "the community spirit in which AA asserts to be based" is very unfair and gives an implication of mistrust. I've never seen a service bring together so many competing and arguing sides so impartially before, they're probably one of the very best community-spirted Amiga products currently and are helping to unite the Amiga community.

(Sorry edited this to also add the links I mentioned)

https://www.gov.uk/how-to-register-a-trade-mark

https://www.gov.uk/government/public...marks-tribunal

https://www.gov.uk/notice-to-oppose-trademark

[kriz]

What a shame Amigakit still keeps on harassing other companies in this small scene!!