Commodore International challenges Italian rival’s trademarks in escalating brand dispute — firm says clarity needed to clear the path for new licensed products

Commodore 64 Ultimate computers
(Image credit: Commodore)

Commodore International Corporation has initiated legal action against Italian start-up Commodore Industries, claiming that a set of Commodore trademarks registered in Europe in 2017 were improperly granted and are invalid as a matter of law. The move marks the latest escalation in a long-running dispute over who controls the storied Commodore brand, which has been decades in the making since the original computer maker's collapse.

In a statement, Commodore International said that the trademark registrations of Commodore Industries were "improperly granted and are invalid as a matter of law." The trademarks held by Commodore Industries cover the Commodore name and associated branding in the EU. The company said it would not comment further while proceedings are ongoing, but confirmed that formal legal steps are now underway.

As of the time of writing, it’s not clear what precise legal action Commodore International is taking, just that there’s "a question now before the Italian civil court." The company has not said whether it will pursue invalidation proceedings via the EU Intellectual Property Office, nor which trademark classes are being challenged.

Commodore’s bankruptcy in the 1990s left behind fragmented IP that has changed hands multiple times. This created a breeding ground for precisely what we’re seeing now: modern revival attempts, with competing entities all staking claims in the same IP across different regions.

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Luke James
Contributor

Luke James is a freelance writer and journalist.  Although his background is in legal, he has a personal interest in all things tech, especially hardware and microelectronics, and anything regulatory. 

  • Cstott23
    I mean I don't know what this will achieve..

    Clearly the European trademark is valid, I think it came from the gaming arm which was sold off, and even if the American court decides for , the ruling has no sway in Europe..

    They will just have to use a different brand name over here..
    Reply
  • BFG-9000
    Well the next rank up from Commodore is Rear Admiral.

    Below it is Captain, then Commander. But if you are the Commanders, then you are really the Redskins.
    Reply
  • TerryLaze
    Cstott23 said:
    I mean I don't know what this will achieve..

    Clearly the European trademark is valid, I think it came from the gaming arm which was sold off, and even if the American court decides for , the ruling has no sway in Europe..

    They will just have to use a different brand name over here..
    How is any of that "clearly" ?

    Also the article says that US company will go to the Italian maybe even EU court to fight this, so this isn't about an american court making any decision.
    Reply
  • iguanac64
    There was no "gaming arm" of Commodore. There was a European division, but they weren't a separate company and didn't have separate rights to sell off the IP. The ownership of the C64 IP roughly goes:

    Commodore -> ESCOM -> Tulip -> Yeahronimo Media Ventures -> Commodore Licensing B.V.

    In 2015 you have this from Wired magazine:

    "That's where things stood until March, when Massimo Canigiani and Carlo Scattolini registered Commodore Business Machines Limited in the UK. The Italian entrepreneurs claim to have acquired rights for the brand and trademark in the mobile industry in 38 countries, including the US."

    They have never shown proof that they bought any legal rights from Commodore Licensing B.V. and it appears they just decided to re-register IP that was already owned by someone else and the registrar just let them do it. Now, the actual owners who paid actual $$$ are trying to get their rights back. Additionally, these two have not done anything for the C64 community...mostly just trying to make a quick buck selling a Commodore Android phone and squatting.

    It looks like Acer holds the copyrights and patents for the Commodore stuff. Then there's one more company called Cloanto that holds the rights to the kickstart roms for the Amiga.
    Reply
  • MS67
    Still don't know why Commodore needed to be revived. It went bust 30 years ago and that has not diminished interest in it one bit. Whatever emerges of this mess will just be a pale imitation of the original, seeking to profit from our nostalgia. Humpty can't be put back together again. Let him rest in pieces.
    Reply
  • Moonstick2
    If anybody actually wants to know how complicated all this is, there's a properly-researched lengthy article here.

    You have to be very interested, because it is very, very involved. Mainly complicated by the fact that the two main players kept changing their company names.

    To try and simplify, there's :

    "The Dutch Company" that traces its heritage back to Tulip Computers who bought the brand in 1997,
    "The Massimo Company" that have an unorthodox approach to business, and
    "The Simonetti Company" set up by another Italian and nothing to do with either.
    The Dutch and Massimo Companies have been trading blows over the trademarks for years. The Italian Company ignored all this and registered the trademarks anyway.

    A new company, "The American Company" bought The Dutch Company a few months ago and is now taking action against The Massimo Company, while The Italian Company claim that actually they have the right to the trademarks and not The American Company.

    In terms of what any of them actually do outside of this:
    The American Company don't yet make anything but seem to claim spiritual rights due to having the son of the original Commodore founder and the lead engineer of the original Commodore on the team.
    The Massimo Company don't appear to have made much except a poorly-received phone, a plastic shell with keys glued to the top, a shrinkwrapped box, and possibly men's underwear.
    The Simonetti Company make and sell a lot of software and hardware, none of which appears to bear any relation to the original Commodore except for the logo.Take your pick, if you care. I had an MSX.
    Reply
  • GreedyGoblin
    Moonstick2 said:
    If anybody actually wants to know how complicated all this is, there's a properly-researched lengthy article here.

    You have to be very interested, because it is very, very involved. Mainly complicated by the fact that the two main players kept changing their company names.

    To try and simplify, there's :

    "The Dutch Company" that traces its heritage back to Tulip Computers who bought the brand in 1997,
    "The Massimo Company" that have an unorthodox approach to business, and
    "The Simonetti Company" set up by another Italian and nothing to do with either.
    The Dutch and Massimo Companies have been trading blows over the trademarks for years. The Italian Company ignored all this and registered the trademarks anyway.

    A new company, "The American Company" bought The Dutch Company a few months ago and is now taking action against The Massimo Company, while The Italian Company claim that actually they have the right to the trademarks and not The American Company.

    In terms of what any of them actually do outside of this:
    The American Company don't yet make anything but seem to claim spiritual rights due to having the son of the original Commodore founder and the lead engineer of the original Commodore on the team.
    The Massimo Company don't appear to have made much except a poorly-received phone, a plastic shell with keys glued to the top, a shrinkwrapped box, and possibly men's underwear.
    The Simonetti Company make and sell a lot of software and hardware, none of which appears to bear any relation to the original Commodore except for the logo.Take your pick, if you care. I had an MSX.
    Got my Commodore 64 Ultimate last week so to say the American company isn't producing anything isn't true (anymore). I don't think the Italian company will have a leg to stand on as, like you say, they produce nothing related to the heritage of Commodore.
    Reply
  • TerryLaze
    GreedyGoblin said:
    they produce nothing related to the heritage of Commodore.
    Sadly that part is irrelevant for the trademark.
    If you have the right to a logo you can use it anyway you want to.
    That's why atari makes watches perfume and hotels now...
    Reply