Hi Amigans

I am in the middle of creating two simple games for kids [and older] to promote my Youtube channel [that has now over 5.5 million views per month!] and my funny cartoon animations in nearly each I promoted Amiga as much I think is worth :)

If you didn`t check - take a quick look:

http://www.youtube.com/djnykk

DEMO GAME SCREENSHOTS:
https://www.dropbox.com/sh/bk4zpeqwdz6gwoq/AACZskmMQuCmYeYiNaYtqUlja

- I have 3 programmers that will be creating 1st game out of serial of 5, and it will be called "Running Snake: Jump Up". It will be some kind of "clone" of DoodleJump for iPhone. As Amiga fan - I am planning to [among many other things] have also a Amiga Boing Ball jumping on platform, appearing from time to time so when Snake jumps on it - it will collect lots of credits.

- Second game is - classic dressing game [a-la "Hello Kitty! Dress Up!" for iOS] promoting my video "Mommy Loves Baby" [at the moment the very 1st version on Serbian has over 17 million views]. The point is to dress up and change clothes of characters from my animation - Mommy, Daddy, Baby and Puppy. Here the only connection with Amiga is - a computer in background that is Amiga X1000 with boing ball sticked on tower case.

- Games will be released for Free [with iADs] for iPhones, iPads, Android Phones & Tabs, Facebook game and embedded PC game on-line. I think it will be cool to people out-there will know about Amiga existence :) And at the end I will try to find somebody to port all my games to Amiga, Aros and MOS. I would like to cover as much as possible :)

Question to you all:

- Can I use Amiga BoingBall in game1 "Running Snake" as item for collecting and Amiga X1000 as a computer in background, like in original video, on game 2: "Mommy Loves Baby - Dress Up!"?

Last edited by djnick on 21-May-2014 at 10:18 PM.

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nykk | deetronic.rs | youtube.com/djnykk | gfx.river | mamavolibebu.com

@djnick

Have you thought of asking a patent lawyer about copyright infringement? Or just plan to take our word for it?

@cymru

I've sent the same email to Hyperion [SSolie, Ben and Thomas]. I will see how they will reply.

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nykk | deetronic.rs | youtube.com/djnykk | gfx.river | mamavolibebu.com

@djnick

Following their posts, I can pretty much tell they didn't put in the required 3 years of law school that would help you in your quest. But, hey, after all its just fines, fees, and jail time...

@djnick

Some general info from Pluritas to get you started:

Amiga Assets

In case you forgot who Pluritas is and in order to judge any credibility:

Pluritas: Engaged by Amiga, Inc. to Market the Global IP Rights to the Iconic Amiga Computer Brand

You might also refer to:

http://aminet.net/search?query=trademark

for which an intended update has yet to appear.

And always keep in mind:

Quote:

So, not only were the patents expiring and the copyrights not free of third-party licenses and claims, but to further complicate matters for the new company, the "Amiga" name, the "boing ball" artwork and other Amiga-related elements had been and would continue to be in broad use in thousands of web sites, download systems, software products and other publications, undermining the value of the claimed trademarks. Only occasionally were some of these publications mentioning "Amiga, Inc.", but even then it wasn't clear which of the three companies bearing the exact same name they were referring to. In a way, the new "Amiga" companies got what they wanted: complete confusion.

Source

Hope that's enough to get you started on your quest.

#6

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This posting, in its entirety, represents solely the perspective of the author.
*Secrecy has served us so well*

@number6

i'm interested in this too.

I created a game. The original idea is to tell in some way the amiga story, from the birth to this year.
The purpose of the game is to publicize Amiga today.

Is the Amiga boind ball useable?
if not, i can change the colour of the ball and so on... or completely remove any Amiga reference.

Btw, i'm goind to do the final touch to the game.

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retired

@AmigaBlitter

Not to complicate this further, but here's yet another distinction many have drawn beyond the country vs country difference:

First mentioned in post #6:

OS3.x vs OS4.x

You could always write to both Ben Hermans (Hyperion/AmigaOS) and Darren Cohen (Amiga Inc./Amiga) and average the two legal opinions. heh.

#6

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*Secrecy has served us so well*

@number6

Do you think this text somewhere in ReadMe and on Website and in GameDescription will solve all possible problems?

"AmigaOne, AmigaOS and Boing Ball logo are trademarks of Amiga,Inc. as licensed from Hyperion Entertainment CVBA. All rights Reserved."

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nykk | deetronic.rs | youtube.com/djnykk | gfx.river | mamavolibebu.com

@djnick

I'm not advising anyone.

You can however choose to either write to the attorneys or consult with others who have had the same questions and ask how they were told to handle things.
There are many websites with disclaimers for you to discover the exact wording used.

Since we have yet 2 other claims made about the generality of this, on this very website, it is beyond confusing for the average fan who just wants to help promote something. Regardless of how you view the other statements/claims, it's worth noting 2 other views:

claims to have spoken to attorneys on this

claims this to be his field
From another of his postings:
Quote:

Trademarks/Licensing etc is my field, and I'm an Amiga admirer from afar

#6

_________________
This posting, in its entirety, represents solely the perspective of the author.
*Secrecy has served us so well*

@number6

I will try to ask. The game has been build to publicy the fact that Amiga still exist, with an option to link to various web site on each of the game level.

Goodness i wrote the game engine to easily change text/graphics/musics/sounds to make the game itself to use different themes.

If the first option will not be feasible, i will fold up to other theme.

Thank you, however, #6

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retired

@djnick

The problem being here is that lawyers will never give you a yes or no answer. The point being is that the "boing ball" is a generic mark. There are other companies out there that use a "boing ball" as their logo. Yes, some are even computer related. The Amiga trademarks in the US and other countries are dead. i used a "boing ball" as my logo for OS/4 OpenLinux and while I received some pushback and hatred for doing so I never encountered any cease and desists or anything legal for using it. I contacted Cohen, and they were fine with it, but nonetheless. Im not advising you one way or another, my personal dealings were different than what yours can be. Contact a legal professional if you so choose. PM me and I can give you some details on 2 IP lawyers that I have worked with here in the United States.

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