There was much excitement in the world of retro gaming recently when it was announced that retro gaming YouTuber Christian "Peri Fractic" Simpson claimed to have purchased the Commodore brand from a Dutch company and was aiming to relaunch it alongside an updated C64 home computer.
However, those of you who know your Commodore history will be aware that, when Commodore International imploded in the '90s, the company's assets became fractured, and we've seen several ventures – from PCs to smartphones – come and go since then. While Simpson claims to be in the process of picking up the rights from Commodore Corporation B.V., this has been challenged by Commodore Industries S.r.l., an Italian 'revival' of the brand headed up by Luigi Simonetti.
In a press release published on Commodore Industries' website, Simonetti addresses the news regarding the recent "reborn" Commodore brand, claiming that Simpson's announcement has "only served to create total confusion within the community, fuel controversy and call into question the work of those who, for over seven years now, have been legitimately using the brand in compliance with both current laws and market rules."
Simonetti insists that he has the legal documents to prove that Commodore Industries – a company comprised of more than 150 employees that makes software and hardware – "is the legitimate owner of the historic and original trademark ‘C= Flag COMMODORE’, as well as the trademarks ‘COMMODORE ENGINEERING’, ‘COMMODORE SINAPSY’, ‘COMMODORE ACADEMY’ and ‘COMMODORE DIGITAL’, which were further developed during the course of the company’s activities, both nationally (Italy) and at European level."
He adds:
For the sake of completeness, it should be noted that, as of the date of publication of this press release, all the registrations mentioned have already been legally validated and certified by the competent bodies/authorities (UIBM for Italy and EUIPO for Europe), with the possibility for Commodore Industries S.r.l., where requested and justified, to provide proof of continuous use of the same over the last seven years. Finally, it should be noted that the process of the above-mentioned registrations was completed without any opposition from third parties, at least on legal grounds, and that no contrary measure has ever been issued that could prevent their use.
The above statement can be easily verified by third parties and the community, as national, European and international trademark databases are in the public domain.
Simpson's recent statements were aimed at undermining the position of Commodore Industries, says the press release; he even went as far as to describe the Italian firm's use of the trademark as illegitimate. "None of the initiatives launched in the United States give Mr Simpson the right and/or power to cancel or revoke our legitimate rights to the above trademarks," says Simonetti. "Such claims are not only legally unfounded, but also compromise the truth and unjustifiably discredit a business project that has invested time, resources and expertise in relaunching the Commodore brand in a modern and technologically advanced way."
While Simonetti admits that Commodore Industries is not in the business of producing retro computers ("even though this could have been a nostalgic moment that many would have appreciated"), this has not been done "to spite the community that has used and loved Commodore products since childhood, just like myself and the other co-founders of our company," as some within the retro gaming community have claimed. "Instead, the business has deliberately, and in our opinion rightly, focused on the development of innovative software and hardware, in line with the brand’s original vision," adds Simonetti.
The Commodore International president concludes:
We reject, and will continue to firmly oppose, any attempt at delegitimization, intimidation or unfounded claims aimed at elevating the position of certain individuals through that powerful tool known as “disinformation”.
Commodore Industries S.r.l. has always been willing to collaborate with anyone who truly wants to enhance and promote the brand and what it has represented for all of us in the community. However, where necessary, we will be ready to protect our rights, before any authority, on the strength of the legal and substantive grounds that have been explained in detail in this press release.
Our goal remains the same: to continue to create real value for the brand and for the entire Commodore ecosystem. For this reason, we are ready to dialogue and collaborate with anyone who demonstrates, through their actions, a constructive spirit and respect for both the rules and the community.
#WeAreCommodore
We've reached out to Simpson for comment and will update this piece as and when we hear back.