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screamersusa
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Posted: Thu Feb 11, 2016 8:29 am |
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Joined: Tue May 20, 2014 8:49 pm Posts: 300 Been Liked: 50 times
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I have clubs that need answers or I don't work.. What is the status of the chartbuster registration process.....? I'd hate to find out I bought a lot of CB and walked into a possible legal problem. In the meantime...... I intend to photograph my current collection with my logo and business card and send 3 certified and notarized copies out. 2 to me (only gets opened in court) and one to PEP.
_________________ Purple Frog Karaoke Cuz we all feel odd and love to "croak"
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chrisavis
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Posted: Thu Feb 11, 2016 9:07 am |
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Joined: Fri Dec 02, 2011 12:38 pm Posts: 6086 Images: 1 Location: Redmond, WA Been Liked: 1665 times
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screamersusa
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Posted: Thu Feb 11, 2016 9:43 am |
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Joined: Tue May 20, 2014 8:49 pm Posts: 300 Been Liked: 50 times
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IF YOU DO NOT HAVE ANY CHARTBUSTER CERTIFICATION: If you do not have a Chartbuster certification of any type, you can register your original media with us. Registration will require (1) basic information about your company and your holdings of Chartbuster original media, and (2) photos documenting your possession of the media. There will be a $50-per-system registration fee. You will receive a "covenant not to sue" document reflecting your registration, which will be suitable to show to your customers, and you will be listed in our directory as a CHARTBUSTER REGISTERED KJ.
WHERE IS THE LINK and INSTRUCTIONS????????????? Who's attention do I send it to?? I've been checking that page every week.
_________________ Purple Frog Karaoke Cuz we all feel odd and love to "croak"
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JimHarrington
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Posted: Thu Feb 11, 2016 9:52 am |
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Joined: Wed Aug 03, 2011 8:59 am Posts: 3011 Been Liked: 1003 times
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The registration program necessitated some changes to the software that runs the site as well as some upgrades on the server that runs the site. Our provider has taken longer than expected to complete the changes. I'm told we're very close.
We are not currently suing anyone over Chartbuster and will not begin doing so until well after the registration program has been open. If your venues need direct confirmation from me, just have them email me at the address at the bottom of this post and I'll confirm it directly.
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Lonman
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Posted: Thu Feb 11, 2016 1:27 pm |
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Joined: Mon Dec 10, 2001 3:57 pm Posts: 22978 Songs: 35 Images: 3 Location: Tacoma, WA Been Liked: 2126 times
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I thought there was only going to be a charge to certify, not register?
_________________ LIKE Lonman on Facebook - Lonman Productions Karaoke & my main site via my profile!
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JimHarrington
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Posted: Thu Feb 11, 2016 2:09 pm |
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Joined: Wed Aug 03, 2011 8:59 am Posts: 3011 Been Liked: 1003 times
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Lonman wrote: I thought there was only going to be a charge to certify, not register? No. The cost of the registration is between $0 and $50 per system based on the status of any prior certification from Chartbuster.
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screamersusa
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Posted: Thu Feb 11, 2016 3:54 pm |
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Joined: Tue May 20, 2014 8:49 pm Posts: 300 Been Liked: 50 times
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Since we are on the subject, once registered or certified... Is there a clause in the registration or certification notice permitting use of the Chartbuster (tm) logo on the registered users Facebook or advertising materials? Coming from an advertising and branding background, I would think that would be a wise addition that would help your KJ clients. It would probably be a bonus for the SC guys to be able to use the SC logo as well on Facebook or Business cards etc as it would give them a proper "Advantage" by quickly displaying their qualifications rather than letting clients assume the KJ is a risk. Those who use it without registration/certification you can "skewer". Similar use as a retailer who is actually selling your physical product. Just a thought.
_________________ Purple Frog Karaoke Cuz we all feel odd and love to "croak"
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JimHarrington
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Posted: Thu Feb 11, 2016 7:31 pm |
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Joined: Wed Aug 03, 2011 8:59 am Posts: 3011 Been Liked: 1003 times
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Interesting idea. We'll consider it.
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c. staley
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Posted: Thu Feb 11, 2016 11:18 pm |
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Joined: Thu Jun 06, 2002 7:26 am Posts: 4839 Location: In your head rent-free Been Liked: 582 times
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screamersusa wrote: I intend to photograph my current collection with my logo and business card and send 3 certified and notarized copies out. 2 to me (only gets opened in court) and one to PEP. The whole "only gets opened in court" bit doesn't hold water... and it's known as the "poor man’s copyright." It’s a nice idea, but the problem with the poor man’s copyright is that it doesn’t work. The humorless federal copyright office explains on its website, “The practice of sending a copy of your own work to yourself is sometimes called a ‘poor man’s copyright.’ There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration.” I don't understand the reasoning why you would mail yourself photos... Is it to prove you had possession of the discs .... at one time? Even though Mr. Harrington would like to scare you into believing that you somehow "should register your purchase" with him implying some legal issue in the future, you are under no legal obligation to "register" anything with him or any other manufacturer. Just as I am under no obligation to register any disc purchases or hard drives I might have purchased directly from the (now defunct) previous manufacturer. If you are doing this for your own peace of mind, then his scare tactic has worked.
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c. staley
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Posted: Thu Feb 11, 2016 11:31 pm |
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Joined: Thu Jun 06, 2002 7:26 am Posts: 4839 Location: In your head rent-free Been Liked: 582 times
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JimHarrington wrote: Lonman wrote: I thought there was only going to be a charge to certify, not register? No. The cost of the registration is between $0 and $50 per system based on the status of any prior certification from Chartbuster. F.U.D. Still peddling fear counsel? There is no legal obligation to "register" squat and you know it counselor. Because there is no such thing as a "prior certification from Chartbuster" that is in effect and you didn't sell the product. You have no idea how many disc sets, SD cards and hard drives were sold without any sort of registration/certification or even sales record in the last month before they vanished from sight. It's a handy way to extract a few bucks from those that you've managed to scare into believing they might be sued in the future.... $50 here.... $25 bucks there... etc... And you call me a fear monger? At least I'm not scaring people into paying me for anything.
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djdon
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Posted: Fri Feb 12, 2016 7:11 am |
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Joined: Fri Jun 03, 2011 8:11 am Posts: 846 Location: Ocean County, Jersey Shore Been Liked: 197 times
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While there's no 'legal' obligation to register, the consequence of not registering and being caught using the trademark is being sued. Will you get caught? Maybe, maybe not. Risk vs reward. They can and WILL sue if they do catch you, though. It's pretty simple. $50 to not be sued, or thousands to defend yourself? And spare us the bs of 'they can still sue you'. Sure, they CAN, but they're not going to waste their time trying to prosecute someone that's legal. Mistake? Sure. In the past. When was the last time you heard about them mistakenly suing someone?
_________________ DJ Don
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c. staley
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Posted: Fri Feb 12, 2016 8:31 am |
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Joined: Thu Jun 06, 2002 7:26 am Posts: 4839 Location: In your head rent-free Been Liked: 582 times
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djdon wrote: While there's no 'legal' obligation to register, the consequence of not registering and being caught using the trademark is being sued. Will you get caught? Maybe, maybe not. Risk vs reward. They can and WILL sue if they do catch you, though. It's pretty simple. $50 to not be sued, or thousands to defend yourself? And spare us the bs of 'they can still sue you'. Sure, they CAN, but they're not going to waste their time trying to prosecute someone that's legal. Mistake? Sure. In the past. When was the last time you heard about them mistakenly suing someone? You'd just be handing them money for nothing. Chartbuster sold hard drives and SD cards -- already in a digital format -- (as in "original format") and you can't be successfully sued for playing them back on a computer. Period. You can be sued for anything... at any time... for any reason. I'm still waiting to see their first lawsuit against someone for using chartbuster with them proving that the user wasn't using an SD card or hard drive. Because it's all be nothing more than fishing expeditions using the word "preponderance" as a shield. By the way, while you're sending out $50 for no reason other than "not to be sued" don't forget to send me $35 for not suing you either.... I'm a much better deal. Just because you send them money doesn't make you "legal" at all... it just buys their friendship.... temporarily. That's how ridiculous that is.
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djdon
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Posted: Fri Feb 12, 2016 8:59 am |
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Joined: Fri Jun 03, 2011 8:11 am Posts: 846 Location: Ocean County, Jersey Shore Been Liked: 197 times
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c. staley wrote: djdon wrote: While there's no 'legal' obligation to register, the consequence of not registering and being caught using the trademark is being sued. Will you get caught? Maybe, maybe not. Risk vs reward. They can and WILL sue if they do catch you, though. It's pretty simple. $50 to not be sued, or thousands to defend yourself? And spare us the bs of 'they can still sue you'. Sure, they CAN, but they're not going to waste their time trying to prosecute someone that's legal. Mistake? Sure. In the past. When was the last time you heard about them mistakenly suing someone? You'd just be handing them money for nothing. Chartbuster sold hard drives and SD cards -- already in a digital format -- (as in "original format") and you can't be successfully sued for playing them back on a computer. Period. You can be sued for anything... at any time... for any reason. I'm still waiting to see their first lawsuit against someone for using chartbuster with them proving that the user wasn't using an SD card or hard drive. Because it's all be nothing more than fishing expeditions using the word "preponderance" as a shield. By the way, while you're sending out $50 for no reason other than "not to be sued" don't forget to send me $35 for not suing you either.... I'm a much better deal. Just because you send them money doesn't make you "legal" at all... it just buys their friendship.... temporarily. That's how ridiculous that is. Well, Chip, you're just... wrong about this. If you decide to not only read but actually comprehend and understand what people write, things may actually begin to make sense to you. YOU.. are not going to sue me because YOU don't own the trademark. I know that's tough to comprehend... The chances of them suing chartbusters users for using an sd card or legit drive is slim to none. However, if they can't prove they own the drives or cds, well then, it's game on. Pretty simple. Many are willing to take the chance of running illegally and not getting caught. Others aren't. I get your beef with them, but at this point, it's a lot of hot air. 99% of us have all moved on from it. Look, I'm nowhere near pro-sound choice or pro-chartbuster, and I completely disagree with what they're doing. They ARE trademark trolling because they have nothing else at this point, but until someone comes up with a big enough pot of money to fight them, they'll have the upper hand. So, pay them their little vig and move on. It's that simple. Do YOU want to go to court and be the trademark infringement test case that stops them from what they're doing? Neither do I.
_________________ DJ Don
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c. staley
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Posted: Fri Feb 12, 2016 10:39 am |
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Extreme Poster |
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Joined: Thu Jun 06, 2002 7:26 am Posts: 4839 Location: In your head rent-free Been Liked: 582 times
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djdon wrote: Look, I'm nowhere near pro-sound choice or pro-chartbuster, and I completely disagree with what they're doing. They ARE trademark trolling because they have nothing else at this point, but until someone comes up with a big enough pot of money to fight them, they'll have the upper hand. So, pay them their little vig and move on. It's that simple. Do YOU want to go to court and be the trademark infringement test case that stops them from what they're doing? Neither do I. The difference is that l'm not intimidated by them or afraid of them and I'm not about to pay them a dime because of it. I really don't care how many trademarks they buy, it won't change anything and you'll notice that none of my venues have been sued nor have I. "pay them their little vig" is exactly what they expect from you. They'd love to be the one to collect a fee (as a tax) from as many as they can scare into it. It's protection money pure and simple by your description of a "vig." You underestimate the power of a counterclaim.
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djdon
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Posted: Fri Feb 12, 2016 10:41 am |
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Joined: Fri Jun 03, 2011 8:11 am Posts: 846 Location: Ocean County, Jersey Shore Been Liked: 197 times
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What would my counterclaim be? "You can't trademark troll you big meanies!"? It's not going to stop them from trolling.
_________________ DJ Don
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mrmarog
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Posted: Fri Feb 12, 2016 10:49 am |
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Joined: Thu Jul 10, 2008 5:13 pm Posts: 3801 Images: 1 Location: Florida Been Liked: 1612 times
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There is a definite difference between suing for SC trademark or suing for CB trademark. SC has never been available as a digital product so if you are observed playing their product with only a laptop... you are going to get sued. CB on the other hand has several products that were available digitally, so the "observed using only a laptop" does not allow for the assumption that you are pirating CB tracks. SC/CB (PEP) would have to have just cause to sue, and observing is not enough.
Just my 2 cents.
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chrisavis
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Posted: Fri Feb 12, 2016 11:33 am |
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Joined: Fri Dec 02, 2011 12:38 pm Posts: 6086 Images: 1 Location: Redmond, WA Been Liked: 1665 times
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c. staley wrote: djdon wrote: Look, I'm nowhere near pro-sound choice or pro-chartbuster, and I completely disagree with what they're doing. They ARE trademark trolling because they have nothing else at this point, but until someone comes up with a big enough pot of money to fight them, they'll have the upper hand. So, pay them their little vig and move on. It's that simple. Do YOU want to go to court and be the trademark infringement test case that stops them from what they're doing? Neither do I. The difference is that l'm not intimidated by them or afraid of them and I'm not about to pay them a dime because of it. I really don't care how many trademarks they buy, it won't change anything and you'll notice that none of my venues have been sued nor have I. "pay them their little vig" is exactly what they expect from you. They'd love to be the one to collect a fee (as a tax) from as many as they can scare into it. It's protection money pure and simple by your description of a "vig." You underestimate the power of a counterclaim. You are scared and intimidated by them because you pulled Sound Choice (can't speak for Chartbuster but I am guessing you don't use their product either).
_________________ -Chris
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Cueball
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Posted: Fri Feb 12, 2016 7:03 pm |
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Joined: Sat Oct 20, 2001 6:55 pm Posts: 4433 Location: New York City Been Liked: 757 times
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Last edited by Cueball on Fri Feb 12, 2016 7:10 pm, edited 1 time in total.
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jdmeister
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Posted: Fri Feb 12, 2016 7:04 pm |
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Joined: Sun Mar 24, 2002 4:12 pm Posts: 7702 Songs: 1 Location: Hollyweird, Ca. Been Liked: 1089 times
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I bought some pork once, but I lent it out..
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Toastedmuffin
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Posted: Sat Feb 13, 2016 7:14 am |
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Joined: Thu Oct 01, 2015 6:49 am Posts: 466 Been Liked: 124 times
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Well considering I know someone who has been sued... The $50 shakedown might be worth it to some people to keep the boogeyman away.
The family of the KJ settled because it was just easier and cheaper then fighting them in court (The family would have won, the collection is over 2,000 original karaoke CDs).
The fact that PEP had nothing to do with the CB product bothers me endlessly, the cost is low because PEP bought a trademark where the former company put it out in so many formats, it's much harder to prove if you stole it. If PEP bought something like Legends CDGs trademark, they could do that $250 audit process again, because it was never released as digital media or in any other format then CD.
Considering how much they have advertised the Chartbusters acquisition and PEPs registration policy, along with its 'sue first, ask questions later' tactic, $50 might be worth it. Of course, who knows how long that registration lasts for, or what you are really getting. And the idea of them having a master list of KJs to check in on whenever they need some quick cash gives me the shivers.
Also in light of the karaoke UK lawsuit, PEP must be dancing up a storm.
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