What’s All The Racket?
What’s All the Racket is the story of the past and present trials and tribulations of the common-law trademark WindowPad as it seeks to protect its name from the slimy hands of Adversary. WindowPad made its debut into interstate and international commerce in 1984 as the trademark of its software product using overlapping windows whereas Adversary reached the marketplace late in 1985. WindowPad was identified as a trademark within the Copyright Registration No. TX 1-453-605 for the software product (GOTO
http://www.copyright.gov/records/cohm.html CLICK "Registration Number" and type in the registration number TX 1-453-605 to view the owner and other information relating to WindowPad.). The Adversary, recognizing the benefits of having a “catchy,” easy to recall name like WindowPad, arrived on the interstate commerce scene with its software product in 1985 bearing a derivative of WindowPad’s name. Since 1994(date the Adversary was formally notified of WindowPad’s superior rights), WindowPad has been in a fiery dispute with the Adversary who has gained extraordinary profits from WindowPad’s derivative.
Review the Playbill for WindowPad as you listen to Papa Bass’s picturesque music, then go to the websites indicated and read all of the material submitted (request to view the material that is presented with titles only and not “hot-linked” via the Freedom of Information Act or PACER). Papa sets WindowPad’s story to music in such a captivating and mesmerizing manner that it certainly invokes the memory of Mahatma Gandhi’s pensive statement: “First they ignore you, then they laugh at you, then they fight you, then YOU WIN.”
What’s All The Racket?
1. WindowPad
WindowPad was stable in the marketplace in 1984. Apart from the fact that the software product bearing its name was selling well something attracted the attention of Adversary. Exactly what stood out about the name is unknown: Perhaps it was the overlapping windows in its software or that the common-law trademark carried a “catchy,” easy to remember name with a symbolic meaning that possessed staying power. Nevertheless in 1985, a name derived from WindowPad appeared written upon a competitor’s software product. Note the dates of entry into interstate commerce: WindowPad entered in 1984 whereas Adversary entered in 1985 with a derivative name.
Papa Bass’s musical rendition of WindowPad is silky smooth and represents stability. The song is a sleek mixture of jazz and blues with a hint of sadness relating to the ownership of its own WindowPad name being intruded upon and wrenched away.
2. How Dare You Use My Name
This piece presents a conversation utilizing high-pitched sounds, drums and bass instrumentation. It almost sounds as if an argument is taking place that is very similar to the back and forth bickering between WindowPad and its Adversary from 1994 to the present. What a brilliant mind (or should it be called mine field) Papa Bass has that enables him to capture a moment in time with a perfect musical production.
3. Intellectual Racketeering
The long sustained notes of the organ with its stomping, grinding sound is reminiscent of a thief in the night that steals a trademark’s identity (WindowPad) and relishes in the knowledge that he has performed the PERFECT CRIME. This delighted thief commits a premeditated act of identity theft and proceeds to make profits from the stolen identity and therein lies the Racketeering; thereby, stepping and dancing on the back of the rightful owner of WindowPad. Additionally, hear the muted trumpet in the background of Intellectual Racketeering that is representative of WindowPad trying to lift its voice through the mirage and let the world know of the persecution it suffers under the feet of an enormous Adversary. Intellectual Racketeering wonderfully embraces WindowPad’s feeling of anguish and frustration.
4. Derivatives
WindowPad’s toes have been stepped on at least 60 times by Adversary. Go to
http://www.uspto.gov/ebc/index_tm.html and submit a query on Registration No. 1872264 (GOTO website, CLICK “Search,” Then Select “Free Form Search,” Enter, Then type 1872264 and CLICK “Submit Query”) to see 60 derivatives of WindowPad for yourself. Now GOTO Page 18 of TTABVUE: Google TTABVUE then type in Registration No. 1872264, click on the Plaintiff, the first file/top right corner, then GOTO Page 18 of the data and look for the words “En Fleur Corp.” (a.k.a. Papa Bass) i.e., the very LAST FILE.
Question: Why is WindowPad (Petitioner En Fleur) the very last file when all files according to TTABVUE’s notification are in “reverse chronological order” (WindowPad was filed in 1997 whereas the TTABVUE’s placement implies that the case was the first one ever filed many years prior to 1997)? Is the WindowPad case being HIDDEN? Nevertheless, as the Bible says all things hidden will be revealed. (Mark 4:21-22 and Luke 8:16-17)
BUT BEFORE you leave on your “seek and you shall find” mission, listen to the wooden blocks in the rhythm of Derivatives simulating the sound of many feet stepping all over something—maybe WindowPad (Remember that copying is the sincerest form of flattery and it can also validate the strength of a common-law trademark like WindowPad.). Adding to the melodious splendor of Derivatives are the sweet sounds of many trombones arriving right on time to complement the wooden blocks. Take some time out to relax in your favorite chair and enjoy the radiant rapturous arrangement of Derivatives as you ponder what you’ve just discovered. Aren’t Revelations fantastic?
5. Twenty Plus Years Of Infringement
Listen to the pounding upon the keys: WindowPad that appeared in commerce in 1984 with overlapping windows is vocalizing its displeasure with the derivative that pounced upon WindowPad’s territory in 1985. The interpretation of the clanging of the cymbals and ringing of the triangles in Twenty Plus Years of Infringement relate to the intruder that the bell is “tolling.” Twenty Plus Years of Infringement also includes a “song and dance” of the percussion instruments with the bass guitar, and the musical routine appears to be saying to the intruder “Enough! You will step on me no more. WindowPad will not go down without a fight, will not go quietly into the night but will stand up and fight for its rights.” Note below the “song and dance” of WindowPad then research the data online even request to view the material that is presented with titles only and not “hot-linked,” i.e., the “hidden” data files (make the request through the Freedom of Information Act or use PACER where appropriate) and read the evidence submitted for yourself. In other words, you be the judge.
Trademark Trial and Appeal Board, Proceeding No.92026548 (1997)
U. S. Court of Appeals for the Federal Circuit, Case No. 03-1020 (2002)
Trademark Trial and Appeal Board, Proceeding No. 92043487 (2004) ( P E N D I N G )
U. S. District Court for the Eastern District of NC, 410 F. Supp. 2d 432, 438. (EDNC 2006), No. 05-CV-343 H(2), 2006 WL 164950 (EDNC Jan. 23, 2006)
United States Court of Appeals for the Fourth Circuit, Case No. 06-1354 ( P E N D I N G )
April 11, 2007
COMBINED PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC timely filed on April 11, 2007
*** N E W *** October 31, 2007
WRIT OF CERTIORARI FILED WITH THE SUPREME COURT OF THE UNITED STATES
WINDOWPAD WILL ONLY BE AT PEACE WHEN IT OBTAINS COMPLETE COMPENSATION.
6. Justice Has Failed Me
The saxophone playing a melody! Have you ever heard such sweetness? Leave it to Papa Bass to create such a sweet, rich, full but unthinkably light sound with a most unlikely instrument, a saxophone. Papa Bass you truly are a genius. In addition, imagine Justice just dancing all around the truth, laughingly devising ways to make old law apply to the circumstances in order to give the interloper dominance over WindowPad who appeared first in commerce thereby epitomizing Justice Has Failed Me. Listen to the agility of the light, soft notes of the saxophone as it playfully bounces amidst the other instruments. The sound of Justice Has Failed Me makes you want to lift your feet and shake your hips delighting in the warm feeling of being able to do whatever you wish. This lightheartedness causes one to visualize WindowPad’s intruder bouncing all over the floor firmly believing that it has gotten away with the goods i.e., WindowPad’s derivatives. Imagine the intruder relishing in the warm comforting knowledge that Justice has covered its eyes (see no evil), ears (hear no evil) and mouth (speak no evil) in matters that concern its evil ways—even when the facts are presented to Justice on a silver platter.
Listener GOTO TTABVUE and type in Registration No. 1872264 then look for Proceeding Nos. 92026548 and 92043487 CLICK on each file or go directly to
http://ttabvue.uspto.gov/ttabvue/v?pno=92026548&pty=CAN and
http://ttabvue.uspto.gov/ttabvue/v?pno=92043487&pty=CAN, respectively to read the information submitted. Review the opinions last. Can you hear Papa’s song Justice Has Failed Me as you peruse all of the information including the material in the “hidden files” (Make a special request to obtain these files via the Freedom of Information Act or PACER.)?
7. Benevolent Despot
The name of this song speaks volumes for itself. As the adage states: If the shoe fits, wear it. The title, Benevolent Despot, resonates recent news and should sound familiar to you. Nevertheless, hear the rock licking, rocket ascending and scale gliding sounds made by Papa Bass’s trumpet as the lead. Benevolent Despot swings with devilish rhythmic grace just like a human Benevolent Despot.
8. The Bigger They Are The Harder They Fall
The title, The Bigger They Are The Harder They Fall, reminds one of the meaning behind the old cliché: Even though you are mighty and a heavyweight with a “nobody bothers me” mentality, some small entity positioned in the right place and time can strike a blow and bring you down. Now, add the following comparative matches and ETHICAL messages to the soupy musical mix as you listen to The Bigger They Are The Harder They Fall: The Mouse that Roared, David and Goliath, Battle of Jericho, The Plagues of Egypt, Moses and Let My People Go. In simile, WindowPad is David’s rock, the mouse that is heard, the horn bringing Jericho’s walls down, the plague in Egypt and the faith of Moses that frees his people. Persistence, faith, patience, perseverance always wins.
Listen to the whimsical, gay, high-pitched sounds of the flute as it is sustained by the cadence of the drums and guitar in The Bigger They Are The Harder They Fall. Close your eyes as you hear the song and visualize the movement of the water strider and basilisk lizard actually running lightly across the water’s surface to the beat of The Bigger They Are The Harder They Fall. Oh, such peace and tranquility. Papa Bass your music places me in such rapturous splendor.
9. Sweet Taste Of Victory
Use your sense of sight and sound to view the stately prance of WindowPad as it triumphantly moves to the finger trills cascading over the keys of the majestic piano. Notice how the bass clef of the piano keeps a steady beat as the melody of happiness playfully keeps the treble clef afloat. Finally truth, justice, and the law prevail for the small business entrepreneur. Sweet Taste of Victory is a fitting piece to represent to the world that the “little guy” can win.
FIRST THEY IGNORE YOU, THEN THEY LAUGH AT YOU, THEN THEY FIGHT YOU, THEN YOU WIN. - Mahatma Gandhi
Papa Bass owns WindowPad and En Fleur Corp., and Mama Bass owns him.