BEATING THE BEATSKOOL BRAND BURGLING BANDITS DPDK
I Remember my trip to the Netherlands, I got Robbed.
This Time I Never Even had to Leave the Country, A Band of Brand Bandits came like a thief in the Night!
Taking inspiration is Fine, Taking the Name???
I could think of many suitable names for your beat tapping app, & even your Reason Music School…
When I Created BeatSkool I did my due diligence, no one was using the term, all the domains where free, but I did not want to buy into the Rat Race of trying to secure everything, it’s a loosing game.
Easy for the big boys, but the little guy doesn’t stand a chance. ICANN want $1300 just to lodge the complaint. I plan to circumvent that procedure with a Storm of my Own Making.
Just this week the Urban Dictionary Refused the word BeatSkool, though they suggest many similar words & phrases, I presume because it’s not reached urban legend status YET!
Also they didn’t like my definition, well as far as I am concerned the definition is accurate and the internet domain records will prove that skull duggery is afoot.
But I have to agree with this one:
“One should not be too distracted by definitions. Ideas transcend definitions.” – Neil deGrasse Tyson
Beatskool.com has changed hands at least 9 times(just from 2011) Since I created BeatSkool.co.uk in 2009.
When I joined linkedIn & Behance, I spread the idea to a much wider audience than before,
I then started getting emails in 2011 0r 2012 asking if I wanted to purchase the .com, or if I had authorized it’s release….of course I hadn’t and these emails where know spam…Domain Squatters trying to cash in, which is apparently against the rules, yet they still allow domain companies to sit on domains without paying for them!!!
And now 2013 it’s in the hands of DPDK (yes this has been going on for some time, they are still domain squatting in 2017)
This Post is under Development, so stay tuned for more..
(this photo is not photoshop’d, it’s copycats dpdk – not realy sure what the dpdk acronym means but it sounds like People DUCKING / TAKING THE hISS?) though I think it’s more likely come from (Intel DPDK)
Seems that Paul Josephus Jitta was fresh out of Law School when BeatSkool was first Created
THEY DELETED REFERENCED IMAGES Lucky I saved one.
It Might be a little unfair of me to place the blame on just one person in DPDK as a number of other people where obviously involved, but who the real main culprit is is a mystery, I called DPDK to try to resolve, they laughed, they laughed when I asked for work…you know so they could pick my brain full of ideas…but no they declined, they obviously prefer not to pay! but to use the internet to burgle your brain…ideas for free, and well paying clients, gosh some people have all the luck and all the face.
I find it incredible that someone who studied Law & Business, and seems to be running a Creative Agency with nearly 50 creative staff(High Turnover, Or is it Just a University Clearing House), decides to start his own BeatSkool Project, knowing about BeatSkool(&Guitar Hero) UK for over 2 years, and he doesn’t even call to ask for permission or help.
Don’t they say it’s better to ask for Forgiveness, than Permission, BeatSkool was meant to be shared, built upon, it’s no fun doing everything by myself, but it had to be done.
I’m still trying to get to the bottom of DPDK’s BeatSkool offering.
How they Managed to Obtain the BeatSkool Domain from the Domain Squatters that Contacted me
…or if the domain squatters turn out to be one and the same.
Having 3 Code Re-Writes before even hitting the ground, sounds like an expensive mistake, currently they seeking investors & Partners for the BeatSkool App.
I hope they realize, where the idea came from, and decide to back the Source.
I have no real idea how far down the road they are with this, I believe they have only put simulated photographs up
(the picture of the Loretto at Iseo, is I believe another example of imitation, wouldn’t be so bad if it was a nod & a wink of my Contribution, but due to the lack of contact, it’s more like a kick in the teeth!),
I believe the images are solely for the purpose of Parking My Idea, in the hope of future revenue.
Why are they also taking up spare Beatskool domains from around the web…because he knows the Value I have Created with the BeatSkool Brand.
If this guy Really Believed in his product surely he would fund it himself,
as I have with a lot of time & effort, and not be using it as a vehicle for investment.
A RECAP OF THE LAW & COMPLAINT
5.2 Paragraph 4(b) of the Uniform Policy identifies, in particular but without limitation, four circumstances which, if found by the Administrative Panel to be present, shall be evidence of the registration and use of a domain name in bad faith. The precise wording of this paragraph is as follows:
b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:
(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or
(ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or
(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
5.3 It is worthy of note that each of the four circumstances in paragraph 4(b), if found, is an instance of “registration and use of a domain name in bad faith”, notwithstanding the fact that circumstances (i), (ii), and (iii) are concerned with the primary intention or purpose of the registration of the domain name, whilst circumstance (iv) is concerned with an act of use of the domain name. The significance of this point is discussed in paragraph 7.10 below.
5.4 Paragraph 4(c) of the Uniform Policy sets out circumstances, in particular but without limitation, which, if found by the Administrative Panel to be proved, demonstrate the Respondent’s rights or legitimate interests to the domain name for the purposes of paragraph 4(a)(ii).
the Complaint contends that the relevant part of the domain name in issue is , and that this is clearly identical with or confusingly similar to the various trademarks for the word which are registered and owned by the Complainant.
the Complaint contends that the word is an invented word, and as such is not one traders would legitimately choose unless seeking to create an impression of an association with the Complainant. The Complaint further contends that it has not licensed or otherwise permitted the Respondent to use any of its trademarks, nor has it licensed or otherwise permitted the Respondent to apply for or use any domain name incorporating any of those marks. Accordingly, the Complainant contends that the Respondent has no rights or legitimate interests in respect of the domain name in issue.
Do Lawyers have No Limits ? on the Subject of Limits you might want to Remind your self of this Case Law
Lawsuit on behalf of Harlan Ellison
Harlan Ellison contended that inspiration for James Cameron’s Terminator had come in part from Ellison’s work on The Outer Limits. Cameron conceded the influence. Ellison was awarded money and an end-credits mention in The Terminator (1984), stating the creators’ wish “to acknowledge the works of Harlan Ellison”. Cameron was against Orion’s decision and was told that if he did not agree with the settlement, they would have Cameron pay for any damages if Orion lost Ellison’s suit. Cameron replied that he “had no choice but to agree with the settlement. There was a gag order as well.” Source wikipedia
So my Advice to you Mr Jitta would be to never concede where your idea came from, but I am counting on a Jury of far more than 12 to Decide for me.
I would be loath to speak ill of any person who I do not know deserves it, but I am afraid he is an attorney.
A fox may steal your hens, Sir,
A whore your health and pence, Sir,
Your daughter rob your chest, Sir,
Your wife may steal your rest, Sir,
A thief your goods and plate.
But this is all but picking,
With rest, pence, chest and chicken;
It ever was decreed, Sir,
If lawyer’s hand is fee’d, Sir,
He steals your whole estate.
Q: What do you call a smiling, courteous person at a bar association convention?
A: The caterer.
Q: What’s the difference between an accountant and a lawyer?
A: Accountants know they’re boring.
Q: What’s the one thing that never works when it’s fixed?
A: A jury.
Q: Why did God invent lawyers?
A: So that real estate agents would have someone to look down on.
Q: What’s the difference between a vacuum cleaner and a lawyer on a motorcycle?
A: The vacuum cleaner has the dirt bag on the inside.
Q: What’ the difference between a lawyer and a boxing referee?
A: A boxing referee doesn’t get paid more for a longer fight.
Q: What’s the difference between a good lawyer and a bad lawyer?
A: A bad lawyer makes your case drag on for years. A good lawyer makes it last even longer.
Q: What’s the difference between a jellyfish and a lawyer?
A: One’s a spineless, poisonous blob. The other is a form of sea life.
Q: What’s the difference between a lawyer and a trampoline?
A: You take off your shoes before you jump on a trampoline.
Q: What’s the difference between a lawyer and a leech?
A: After you die, a leech stops sucking your blood.
Q: What’s the difference between a lawyer and God?
A: God doesn’t think he’s a lawyer.
Q: How are an apple and a lawyer alike?
A: They both look good hanging from a tree.
Q: How does an attorney sleep?
A: First he lies on one side, then he lies on the other.
Q: How many lawyer jokes are there?
A: Only three. The rest are true stories.
Q: How many lawyers does it take to screw in a light bulb?
A: Three, One to climb the ladder. One to shake it. And one to sue the ladder company.
Q: What are lawyers good for?
A: They make used car salesmen look good.
Q: What do dinosaurs and decent lawyers have in common?
A: They’re both extinct.
Q: What do you call 25 attorneys buried up to their chins in cement?
A: Not enough cement.
Q: What do you throw to a drowning lawyer?
A: His partners.
Q: What does a lawyer get when you give him Viagra?
Q: What’s brown and looks really good on a lawyer?
A: A Doberman.
Q: What’s the difference between a lawyer and a liar?
A: The pronunciation.
Q: What’s the difference between a lawyer and a prostitute?
A: A prostitute will stop screwing you when you’re dead.
Q: What’s the difference between a lawyer and a vulture?
A: The lawyer gets frequent flyer miles.
Q: What’s the difference between a mosquito and a lawyer?
A: One is a blood-sucking parasite, the other is an insect.
Q: Why did God make snakes just before lawyers?
A: To practice.
Q: What’s the difference between a tick and a lawyer?
A: The tick falls off when you are dead.
Q: What do you get when you cross a blonde and a lawyer?
A: I don’t know. There are some things even a blonde won’t do.
Q: Know how copper wire was invented?
A: Two lawyers were fighting over a penny.
Q: Why does the law society prohibit sex between lawyers and their clients?
A: To prevent clients from being billed twice for essentially the same service.
Q: What can a goose do, a duck can’t, and a lawyer should?
A: Stick his bill up his ass.
Q: How can you tell when a lawyer is lying?
A: Their lips are moving.
Q: Why don’t lawyers go to the beach?
A: Cats keep trying to bury them.
Q: What do you call 5000 dead lawyers at the bottom of the ocean?
A: A good start!
Q: What’s the difference between a dead skunk in the road and a dead lawyer in the road?
A: There are skid marks in front of the skunk.
Q: Why won’t sharks attack lawyers?
A: Professional courtesy.
Q: What do have when a lawyer is buried up to his neck in sand?
A: Not enough sand.
Q: How do you get a lawyer out of a tree?
A: Cut the rope.
Q: Do you know how to save a drowning lawyer?
A: Take your foot off his head.
Q: What’s the difference between a lawyer and a bucket of manure?
A: The bucket.
Q: What do you get when you cross the Godfather with a lawyer?
A: An offer you can’t understand
Q: Where can you find a good lawyer?
A: In the cemetery
Q: What’s the difference between a lawyer and a gigolo?
A: A gigolo only screws one person at a time.
Q: What’s the difference between a lawyer and a vampire?
A: A vampire only sucks blood at night.
Q: If you see a lawyer on a bicycle, why don’t you swerve to hit him?
A: It might be your bicycle.
Q: What do you call a smiling, sober, courteous person at a bar association convention?
A: The caterer.
A guy phones a law office and says: “I want to speak to my lawyer.”
The receptionist replies “I’m sorry but he died last week.”
The next day he phones again and asks the same question.
The receptionist replies “I told you yesterday, he died last week.”
The next day the guy calls again and asks to speak to his lawyer.
By this time the receptionist is getting a little annoyed and says
“I keep telling you that your lawyer died last week. Why do you keep calling?”
The guy says, “Because I just love hearing you say that.”
If there are any GOOD lawyers Reading this, that would like to offer their services pro bono, or no win no fee? or Even an agreed Fixed Percentage? Happy to take on this case…drop me a line…I won’t hold my breath…but I will remain hopeful, all the while…other plans are brewing.