http://papabassstudio.com/news.html Papa Bass: News Jannis' PHPRss class - http://www.jannis.to/ Mon, 06 Feb 2012 01:44:26 -0800 http://papabassstudio.com/news.html#6
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/index.jsp, move to the right of the page and CLICK "Trademarks," on the next page CLICK "TESS Search Trademarks," then under “Select A Search Option" CLICK "Word and/or Design Mark Search (Free Form)," in the “Search Term" box type 1872264 (Registration Number) and CLICK “Submit Query” to see 63 derivatives of WindowPad for yourself. Now GOTO Page 20 of TTABVUE: Google TTABVUE then type in Registration No. 1872264, CLICK on the Plaintiff (the first file/top right corner), after the results are returned GOTO Page 20 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? Are the files in 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.]]> http://papabassstudio.com/news.html#6 Mon, 16 Jan 2012 00:00:00 -0800 Home of Smooth Southern Jazz - Papa Bass - News http://papabassstudio.com/news.html#28 An advance copy of Who Whispers Taboo? can be purchased directly from Papa Bass using the address below. Price: $12.97.

Papa Bass
En Fleur Corporation
· P. O. Box 40685
· Raleigh, NC 27629-0685
· Phone: (919) 556-1623
· Fax: (919) 556-1623]]> http://papabassstudio.com/news.html#28 Mon, 24 Oct 2011 00:00:00 -0700 Home of Smooth Southern Jazz - Papa Bass - News http://papabassstudio.com/news.html#27 An advance copy of Indubitably Blue can be purchased directly from Papa Bass using the address below. Price: $12.97.

Papa Bass
En Fleur Corporation
· P. O. Box 40685
· Raleigh, NC 27629-0685
· Phone: (919) 556-1623
· Fax: (919) 556-1623]]> http://papabassstudio.com/news.html#27 Wed, 17 Nov 2010 00:00:00 -0800 Home of Smooth Southern Jazz - Papa Bass - News http://papabassstudio.com/news.html#26 An advance copy of 1987 can be purchased from Papa Bass using the address below. Price: $12.97.

Papa Bass
En Fleur Corporation
· P. O. Box 40685
· Raleigh, NC 27629-0685
· Phone: (919) 556-1623
· Fax: (919) 556-1623]]> http://papabassstudio.com/news.html#26 Fri, 01 Oct 2010 00:00:00 -0700 Home of Smooth Southern Jazz - Papa Bass - News http://papabassstudio.com/news.html#25 http://papabassstudio.com/news.html#25 Fri, 23 Jul 2010 00:00:00 -0700 Home of Smooth Southern Jazz - Papa Bass - News http://papabassstudio.com/news.html#24
1. IGNORE


The electric piano with its beautiful full rolling notes and the bass guitar’s deliberate rhythm sets the mood and pace of IGNORE’s prelude. Peacefulness and calm are two words that attempt to describe the profound feeling derived from this introduction. Then the high hat and bass drums enter embellishing upon the pumping thump of the bass. At last, Papa adds the main ingredient to the bubbling brew i.e., the round mellow sounds of the grand stately organ splendiferously blending with the trumpet’s unbelievable pitch. Majestically, the saxophone stirs and cooks all of this deliberateness, bubbling, thumping, sensuousness and enlightenment into a provocatively delicious mixture of understanding.

You wonder why Papa Bass named this sumptuous piece IGNORE. Serendipity! That is right! While your attention is placed upon one instrument another one smoothly joins the fray without you noticing it resulting in a fortuitous discovery of perfect wholeness. In other words, what you refuse to pay attention to ultimately overtakes or supersedes you. Remember also the force of the pendulum when it swings: The force of gravity causes it to swing more forceful in the opposite direction. Watch out! What you ignore comes back at you more forceful than before. The moral of this story-oops-song is two-fold: (a) Never judge a book [song] by looking at is cover [title]; and, (b) For every action there is a reaction that is often greater than.

2. LAUGH

Let your ears feast on the gaiety of LAUGH. Envision yourself just dancing on your tiptoes, hands in the air and prancing to the complementary notes of the saxophone and electric piano like you don’t have a care in the world. When you hear the titillating sounds of the strings and marimba put a little shoulder movement into your performance-first the left 2 times then the right 2 times-and smile as you allow yourself to become lost in the hypnotic spell cast by Papa’s breath and his thousands fingers. Subtly, the acoustic guitar and marimba bring you back to reality. What a successful and enjoyable journey!

The title LAUGH also has other connotations. Did you hear the Fat Lady Sing in this composition? Absolutely not! Hence, LAUGH can be played over and over again until the Fat Lady sings. The colloquial meaning of “til the Fat Lady sings” is that one should never assume the outcome of a situation or activity until it is actually completed. In accordance with the aforesaid, WindowPad’s new information relates that Adversary (“”¦Racket” CD) may not be the one having the last and best LAUGH. Listen intently to Papa’s saxophone and marimba as each plays with the melody of the other in the middle of LAUGH and reflect upon what is fair and just.

“Even if you are a minority of one, the truth is the truth.”
Mahatma Gandhi



3. FIGHT

Parties take your positions now as FIGHT begins. Prepare yourselves to advance into battle. In FIGHT, the saxophone and bass guitar represent the opponents as they move around each other in a circular motion trying to predict the other’s moves, means of attack and counter-attack. The timbre of the drums and trumpet depict the engaging battle. Imagine listener that two parties are embroiled in a fight: WindowPad is the only party presenting the law and evidence supporting its cause. The Adversary fails to produce an iota of evidence in its defense; yet Justice decides in Adversary’s favor. One wonders like the meandering sound of this song that winds and turns as it delivers the pompous notes that fall upon the opportunistic endeavor, what is actually happening here? There is, however, within FIGHT periods of tranquility before resumption of the fight i.e., the calm before the ensuing storm. Enjoy the lovely enticing trills and carefully articulated notes produced by Papa’s sax. He moves up and down the musical scale with ease.

The outcome of the fight is determined by a tortuous, complex and devious reasoning as depicted by the range of notes in FIGHT’s arrangement. Nevertheless, a battle may have been won but not the war. Stay tuned to Papa.

“Sometimes by losing a battle you find a new way to win the war.”
Donald Trump



4. WIN

“The battle, sir, is not to the strong alone it is to the vigilant, the active, the brave.” Patrick Henry

Papa begins WIN with the drums simulating hands clapping. Even though other instruments enter on cue, the clapping continues throughout the song giving the impression that something mystical and extraordinary has been achieved. Hearing the aforementioned in such a manner causes you to say to yourself that only God composing through Papa could have orchestrated this instrumental masterpiece. Doesn’t the saxophone’s solo send tingling shivers up and down your spine causing your arms to involuntarily wrap around the body as your legs step high to the collage of piano notes? Now close your eyes and let your soul float in rapturous ecstasy. Go ahead and say, “Papa Bass, you move me!”

The undercurrent message of WIN’s prodigious, gallant and magnanimous beat is that a wrong committed in an original act is corrected by the reaction to it. Recent activity surrounding Adversary causes one to wonder whether it is reaping what it has sown from taking the work(s) of others (including WindowPad) without giving rightful compensation and then profiting from the dastardly despicable deed. Could it be that Adversary has to start correcting the wrong it has done to others in order to eradicate the ominous cloud it is operating under? In light of the aforementioned consider the following biblical verses: (a) JOB 4:8 states, “As I have observed, those who plow evil and those who sow trouble reap it.” [Adversary] (b) GALATIONS 6:7-8 relates, “Do not be deceived, God is not mocked; for whatever a man sows that he will also reap.” (c) PSALM 126:5 states that “Those who sew in tears will reap with songs of joy.”[Entities hurt by Adversary]

“As for me, I would seek God, and to God would I commit my cause,” JOB 5-8 [WindowPad]

5. WINDOWPAD’S IDES

As Jesus stated, it is easier for a camel to go through the eye of a needle than for a rich man to enter the Kingdom of Heaven (LUKE 18:25). By dealing with Adversary who chooses to tramp all over the rights of WindowPad rather than admitting that WindowPad beat Adversary to the marketplace and settling amicably, WindowPad understands the meaning of Jesus’s statement i.e., A rich man believes that he is God and that there is no higher entity than himself. Hence the rich man does what he wants and entices others to do his bidding even if it harms others. This is why the introduction to WINDOWPAD’S IDES is mournful. The drums keep the beat while the bass guitar, acoustic guitar and saxophone tell a sad story. You are shaking your head from side to side by the time the trumpet enters with a solo that wakes you up and makes you stand remembering the magnificent power of God that brought Pharaoh —a very rich man-down to his knees via the ten plagues and forced him to do the right thing. EXODUS 7-11. Thus, as WINDOWPAD’S IDES concludes, raise your hands in praise.
“Capital as such is not evil; it is its wrong use that is evil.” Mahatma Gandhi

6. DESPOT, FERRET, DUCK AND FESTER

DESPOT, FERRET, DUCK AND FESTER reminds you of the silent film comedy era Keystone Kops. They could not see the forest for the trees. These policemen continually got caught up in the small details and failed to understand the bigger picture. Whey they finally caught a glimpse of what was happening right in front of them it was usually too late. A brief description of the DESPOT, FERRET, DUCK AND FESTER characters that resemble the Keystone Kops is presented below:

1. DESPOT-A person with absolute power and exercising it tyrannically. Benevolent despots consider themselves to be shepherds of people but still require them to be submissive like sheep.

2. FERRET-When excited a ferret performs what is commonly called the weasel war dance, a frenzied series of steps hopping sideways and bumping into objects often accompanied by a soft clucking noise. Incidentally, weasel is a synonym for ferret. Relating the characteristics of a weasel to a human, the American Heritage Dictionary states that a weasel “is a person regarded as sneaky or treacherous.”

3. DUCK-A derivative of “ducan” which means to bend down low to get underneath something or to dive. Because ducks are found in places with water they are also called waterfowls. Their webbed feet are designed for swimming and they possess waterproof feathers. In addition, not all ducks quack some SQUEAL. Anyone nicknamed duck will usually possess all of the characteristics previously cited.

4. FESTER-Uncle Fester is an incorrigible member of the fictional TV program entitled “The Addams Family.” He possesses a bald head with pig-like dark sunken eyes, a large barrel-shaped physical appearance, pudgy hands and wears a deranged devilish smile. Fester seems to carry an electrical charge and can illuminate a light bulb by sticking it in his mouth. Needless to say, his behavior is often very bizarre.

Look at these characters running around in the aura of Papa Bass’s musical picture holding all of the facts in their hands but can’t put them together in a manner that would mean something. DESPOT, FERRET, DUCK AND FESTER is full of mirth and simply delightful. The music causes you to laugh and dance while visualizing the theatrics of the characters. Have fun!!

“An error does not become truth by reason of multiplied propagation, nor does truth become error because nobody sees it.” Mahatma Gandhi]]> http://papabassstudio.com/news.html#24 Fri, 23 Jul 2010 00:00:00 -0700 Home of Smooth Southern Jazz - Papa Bass - News http://papabassstudio.com/news.html#23 An advance copy of Freedom Of Information can be purchased directly from Papa Bass using the address below. Price: $12.97.

Papa Bass
En Fleur Corporation
· P. O. Box 40685
· Raleigh, NC 27629-0685
· Phone: (919) 556-1623
· Fax: (919) 556-1623]]> http://papabassstudio.com/news.html#23 Fri, 16 Oct 2009 00:00:00 -0700 Home of Smooth Southern Jazz - Papa Bass - News http://papabassstudio.com/news.html#22 An advance copy of The Ides can be purchased directly from Papa Bass using the address below. Price: $12.97.

Papa Bass
En Fleur Corporation
· P. O. Box 40685
· Raleigh, NC 27629-0685
· Phone: (919) 556-1623
· Fax: (919) 556-1623]]> http://papabassstudio.com/news.html#22 Wed, 14 Oct 2009 00:00:00 -0700 Home of Smooth Southern Jazz - Papa Bass - News http://papabassstudio.com/news.html#21

As of today, all lovers of PAPA’S SMOOTH JAZZ can purchase individual CDs and/or a Holiday Gift Package via PAYPAL. Simply, make your selection(s) and PAYPAL carries you through the checkout counter. Thank you for purchasing Papa’s sensuous and soulfully smooth jazz. ENJOY!]]> http://papabassstudio.com/news.html#21 Mon, 01 Dec 2008 00:00:00 -0800 Home of Smooth Southern Jazz - Papa Bass - News http://papabassstudio.com/news.html#20 An advance copy of Realities2 can be purchased directly from Papa Bass using the address below. Price: $12.97.

Papa Bass
En Fleur Corporation
· P. O. Box 40685
· Raleigh, NC 27629-0685
· Phone: (919) 556-1623
· Fax: (919) 556-1623]]> http://papabassstudio.com/news.html#20 Thu, 09 Oct 2008 00:00:00 -0700 Home of Smooth Southern Jazz - Papa Bass - News