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[News] Photogenics US-Receipts/Reviews/Adverts needed (pre-1998)ANN.lu
Posted on 30-Apr-2001 08:03 GMT by Christian Kemp21 comments
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Paul Nolan wrote: "I’m fighting a bit of a trademark battle here, and I need to put together hard evidence that Photogenics was marketed and sold in the US prior to 1998, or risk losing the name I have become so attached to. My case is sound and I am certain I will prevail, but your assistance could help to decisively settle the matter. If you live in the USA and own a copy of Photogenics, especially the old 1.2 or 2.0 version, or even the 1.2SE version that came with the Amiga 1200/4000, please read the important information at this link"
Photogenics US-Receipts/Reviews/Adverts needed (pre-1998) : Comment 1 of 21ANN.lu
Posted by Anonymous on 29-Apr-2001 22:00 GMT
Who is trying to claim the trademark?
Photogenics US-Receipts/Reviews/Adverts needed (pre-1998) : Comment 2 of 21ANN.lu
Posted by floyd on 29-Apr-2001 22:00 GMT
Harv Laser wrote a review of photoigenics 1.2, Not sure for who, or when but it was
probably before 1998.
Photogenics US-Receipts/Reviews/Adverts needed (pre-1998) : Comment 3 of 21ANN.lu
Posted by Rik Sweeney on 29-Apr-2001 22:00 GMT
I got my Photogenics r1.267 V1.2A (21/8/95) from an A1200 Tower setup from Power Computing in 1998. I still have the original disk and the manual.
Photogenics US-Receipts/Reviews/Adverts needed (pre-1998) : Comment 4 of 21ANN.lu
Posted by Tim Doty on 29-Apr-2001 22:00 GMT
I hope Paul isn't overly optimistic. I forget the case & when, but it was
a very similar situation and the small guy lost. I hope that doesn't happen
here.
Photogenics US-Receipts/Reviews/Adverts needed (pre-1998) : Comment 5 of 21ANN.lu
Posted by Johan on 29-Apr-2001 22:00 GMT
In reply to Comment 4 (Tim Doty):
You might think of Håkan Lans, a swede who invented the graphic for computers many years ago and then lost it to all big computer company that use it today.
// Johan
Photogenics US-Receipts/Reviews/Adverts needed (pre-1998) : Comment 6 of 21ANN.lu
Posted by John McKenzie on 29-Apr-2001 22:00 GMT
I too, would like to ask who is making this wrongfull claim to ownership over the name Photogenic?
Whomever it is, we should make sure we do not buy anything from them and generally otherwise annoy them as much as possible.
Photogenics US-Receipts/Reviews/Adverts needed (pre-1998) : Comment 7 of 21ANN.lu
Posted by Dave on 29-Apr-2001 22:00 GMT
In reply to Comment 6 (John McKenzie):
Paul might not be able to say if the legal dispute is still going on (but he might, I dunno, I ain't a lawyer :). I'd guess it's the name of some company in the USA (hence why he only needs proof for the USA). Chances are they won't be an Amiga related company, maybe even nothing to do with computers, but companies like to beat the small guy with sticks.
Photogenics US-Receipts/Reviews/Adverts needed (pre-1998) : Comment 8 of 21ANN.lu
Posted by lorg on 29-Apr-2001 22:00 GMT
In reply to Comment 5 (Johan):
but several of the companies that ripped of Håkan Lans and his company has paid up now. Not all and probably not the amount they should have but they have.
Heck he got screwed on a technicallity if I ever heard of one.
Photogenics US-Receipts/Reviews/Adverts needed (pre-1998) : Comment 9 of 21ANN.lu
Posted by Ivan Awfulitch on 30-Apr-2001 22:00 GMT
Good luck Paul.. You've owned the name for so long i can't remeber
when i first heard about it. But just in case u need a better case,
i'm sure there are a dozen or more companys who will confirm selling
Photogenics even way back then.. Can't hurt to ask right? :)
Photogenics US-Receipts/Reviews/Adverts needed (pre-1998) : Comment 10 of 21ANN.lu
Posted by Rafo on 30-Apr-2001 22:00 GMT
I don't have some anymore with me, but a magazine which reviews photogenics, would be the BEST evidence of this. A floppy or a manual is just too easy to make up.
Paul, you should contact the amiga-related magazine that existed then and still exist now, that would be the best hard evidence, indeed.
Photogenics US-Receipts/Reviews/Adverts needed (pre-1998) : Comment 11 of 21ANN.lu
Posted by Darrin on 30-Apr-2001 22:00 GMT
In the event that he loses the case then perhaps a 1000 or so "tech support request" calls for Amiga Photogenics to this new company may be in order - just for the hell of it. :)
Photogenics US-Receipts/Reviews/Adverts needed (pre-1998) : Comment 12 of 21ANN.lu
Posted by John Chandler on 30-Apr-2001 22:00 GMT
Damn that sucks. I've been a Photogenics owner since Almathera used to publish it - I still have the original boxes and software, but it's all from the UK. I can't believe there isn't a wealth a US-related Photogenics proof out there though. Good luck Paul!
Photogenics US-Receipts/Reviews/Adverts needed (pre-1998) : Comment 13 of 21ANN.lu
Posted by Robin on 30-Apr-2001 22:00 GMT
I remember doing a gfx edito for my A-Levels about 7-8 years ago, and then reading a review of photogenics in a magazine shortly afterwards... In which case I still have the magazine (somewhere)... Now, although I am in England, the magazine would have had american subscribers, and hence would probably be proof of existance/use. If someone else can remember roughly when the first reviews (previews?) of it were then tell me (email) as they are all in archive boxes and hard to get at...
Photogenics US-Receipts/Reviews/Adverts needed (pre-1998) : Comment 14 of 21ANN.lu
Posted by floyd on 30-Apr-2001 22:00 GMT
Video Toaster User, September, 1995 issue.
Photogenics US-Receipts/Reviews/Adverts needed (pre-1998) : Comment 15 of 21ANN.lu
Posted by John Klumpp on 30-Apr-2001 22:00 GMT
In reply to Comment 10 (Rafo):
I have the December '96 issue of Amiga Computing (issue 106) with the Star act
cover art, and which had two cover-floppies containing Photogenics!
Page 21 is part of a Software Hut spread, and lists Photogenics for $84.95 in
the fourth column- about three inches from the bottom.
Perhaps someone is USA with THIS, or a similar magazine, having the Software
Hut ads could contact Paul?
Regards,
JK
Photogenics US-Receipts/Reviews/Adverts needed (pre-1998) : Comment 16 of 21ANN.lu
Posted by Wile Bill on 30-Apr-2001 22:00 GMT
I've found the January '95 issue (10th Anniversary) of Amiga World that has a little blurb about Photogenics in the news section.
I've also located the August '95 issue of Amazing Computing that has a review of Photogenics 1.2, written by R. Shamms Mortier. There's also at least 1 ad for Photogenics 1.25 from an American retailer.
Photogenics US-Receipts/Reviews/Adverts needed (pre-1998) : Comment 17 of 21ANN.lu
Posted by redrumloa on 01-May-2001 22:00 GMT
I have the Photogenics Lite floppy that came with my Cybervision64, copyright 1995
Phase5 digital products. I hope that helps, off to email Paul.
Photogenics US-Receipts/Reviews/Adverts needed (pre-1998) : Comment 18 of 21ANN.lu
Posted by Chris on 01-May-2001 22:00 GMT
In reply to Comment 1 (Anonymous):
At a guess:
Word Mark PHOTOGENICS
Goods and Services IC 042. US 100 101. G & S: portrait photography services; photograph copying and restoration from negative s or original photographs; micro photography for use in fields such as emtomology; and digital photography services. FIRST USE: 19950201. FIRST USE IN COMMERCE: 19950201
Mark Drawing Code (1) TYPED DRAWING
Serial Number 74685722
Filing Date June 8, 1995
Published for Opposition September 23, 1997
Registration Number 2120749
Registration Date December 16, 1997
Owner (REGISTRANT) Access Computer Systems, Inc. CORPORATION NEW MEXICO
PO Box 900 Chama
NEW MEXICO 87520
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE
Few seconds search on TESS over at uspto turned that up. If it wasn't for the "digital photography" bit I guess the two TMs would be orthogonal, and thus unchallengable even in the corrupt US patent system. As it is Paul will need to prove use of the name in traade prior to June 8, 1995 if these are the... persons.. responsible for the action.
Photogenics US-Receipts/Reviews/Adverts needed (pre-1998) : Comment 19 of 21ANN.lu
Posted by Tim Rue on 01-May-2001 22:00 GMT
In reply to Comment 18 (Chris):
As much as people don't want to believe the usenet archives can't be used to
establish prior art, it's just not true and in a very fundamental way.
With that in mind:
groups.google.com and search on "Photogenics" for the earlyist month of the
archive. April 1995.
Photogenics US-Receipts/Reviews/Adverts needed (pre-1998) : Comment 20 of 21ANN.lu
Posted by Kelli217 on 03-May-2001 22:00 GMT
In reply to Comment 19 (Tim Rue):
Oh no...
At any rate, I do have a floppy dating back to 1994 for an A1200 Magic Pack, Photogenics 1.2a, listed as "1994 Almathera Systems" but as has been said before, floppy labels are too easy to forge.
Photogenics US-Receipts/Reviews/Adverts needed (pre-1998) : Comment 21 of 21ANN.lu
Posted by Gary Goldberg on 05-May-2001 22:00 GMT
I have both issues of Amazing Amiga Paul referenced as well
as v1.2 and v2 (but no sales receipt).
Anonymous, there are 21 items in your selection
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