DAMPS.com

An American Inventor contestant blog
of the ABC show The American Inventor

April 27, 2006 show seven, The American Inventor.

The American Inventor Ratings
The show has yo yoed back from forty seven to thirty four in the Nelson TV ratings. We are looking forward to seeing how Big Red (Mary Lou Quinlan) handles her mentoring duties with the next three inventors in another two hour special. Again we hope the producers do not give us another rehash of inventors gone home as the lead in to the quest for the final four inventors.

New Inventions
If the producers continue to show inventions we have not seen before perhaps we have a shot at getting some prime time exposure for DAMPS Footwear Technology. What do you think? I doubt it! I ask myself Jeff, do really think after all you’ve blogged that the show would do you any solid by putting DAMPS Technology on the air? Then how will the producers edit it? Editing can make anyone look like an idiot. I can do that on my own. Again I let my optimism overshadow reality. After all there is a conspiracy going on here. The producers would rather show Americans reruns than give this American Inventor any exposure. Damn!!!

Disney& ABC
We are further discussing herein, a strongly forwarded approach re alleged contractual breaches, conspiracy and conflict of interest with judge
F Chuck (Doug Hall).

Court of Public Opinion (CPO)
I am not an attorney although I played one as I represented myself out of economic necessity for five years in Brown vs. adidas, all the way to the Supreme Court. I have decided, that rather than option an overburdened court system, I will bring forth our righteous arguments in a blog legal scenario. The benefit, we can skip the costly and timely trappings of the court and go directly to the highest court, the court of public opinion.

Blog Action
My blog case opens with my claims or causes of action, as evidenced in blogs one through seven and will be further supported in our ongoing blogging series of the American Inventor. I will proceed blogging with this ongoing argument or complaint.

The Jury
The jury of my online piers will view the blog case. No gag orders can be imposed as was the case in Brown vs. adidas.
Invention as in life includes our diligent search for truth.
Hearts stir when truth imagines self, reality and invention.

Jeffrey W. Brown, Plaintiff

vs.

Disney, ABC, Nike ,Simon Cowell, The American Inventor Producers et al. Defendants

Causes of Action:

I. Contractual Breach
The American Inventor application/contract did not provide for fair and reasonable opportunity of performance. The covenant of good faith and fair dealings permeates all contracts. The contract issuer cannot frustrate the ability of the contracting party to enjoy the benefits of the contract entered into. The producers, the judges cannot ethically, contractually or otherwise vote contestants out when the same standards promised for auditioning are not adhered to.

The judges asked us for passion and a great invention. We gave both. The judges have no added prerogative in selection. The show must offer each contestant fairness in the full and unabridged opportunity to move forward. The audition tapes would show that in comparison with the other contestants, the DAMPS Invention Team deserved to move forward on merit.

II Conspiracy
An outspoken judge with a known relationship with Nike, creates an obvious conflict of interest for fairness and impartiality in auditioning. Nike and Brown are in technology competition, within the footwear industry. Any experienced professional consulting for a shoe company would have been at the very least intrigued by DAMPS Technology and understand it’s value. People do talk.
Add a certain lie from Doug Hall in our audition, when I asked, did he feel the DAMPS One Step Difference or not. Doug Hall smiled when he put on the shoes for a test walk and then later when asked if he felt the DAMPS One Step Difference he said no. This is a lie. A reasonable person cannot walk in our prototypes and not experience the DAMPS One Step Difference.

III. Collusion
With small business abuse bad faith claims, after disclosure of intellectual property, and because of the history of abuse with the proximity of a probable occurrence, re intellectual property in an abusive corporate scenario, the standards support the plaintiff. In a competitive industry environment, the opportunity for trade restraint on the part of defendants, when linked with a corporate giant such as Nike, carries damning weight.

IV. Bad Faith
Look at the final twelve inventors as comparable inventions. Judge for yourself.
DAMPS Technology should have reasonably been in the final twelve.
The answer is not with the producer’s discretion. The contract sets the platform for good faith and performance.

V. Unfair Competition
In discovery, as plaintiff’s, we can search and further uncover potential other communications, emails, conversations or other links from Doug Hall the producers to Nike or whoever, and we can further support this argument. If we discover any communications, that at all factored, in any producer’s decision to respond or treat the DAMPS Invention Team a specific, biased or different way, than other contestants, we have furthered our righteous claim.

VI. Restraint of Trade
As we can link Nike or other named defendants to any producers et all re The American Inventor, there are Federal issues re Unfair Competition under the Taft Hartley Act. The law in brief, a large dominant force in any industry cannot conspire, inhibit and/or act with uncompetitive improper business practices that ultimately inhibit trade.

Damages
By conspiring to keep Brown off the show there is resulting unspecified damages, of good will, abusive anti-competitive behavior, loss of income, stress and mental anguish.

Defendants’ Response
Certainly and required in legal proceedings, we would receive a timely response or reply from the defendants, answering our causes of action. I look forward to any response from the defendants and I will post any response with our next blog.

Discovery
This is the next step and process where the parties are allowed to request certain information related to and further supporting the causes of action.

I would ask the defendants;
1) a) Timely produce the audition tapes of The DAMPS Invention Team. As tapes cannot be timely produced, b) I would further argue that the DAMPS Invention Team’s final audition with the judges was never recorded, was a deliberate deception, sham and was a further invention degradation that continues to damage the DAMPS Technology team.

2) I would ask for all emails or communications from Doug Hall, other judges and the show’s producers to any outside footwear entities such as Nike.

Depositions
Plaintiff would then be able to subpoena all the show producers and show judges to ask direct questions related to the review process for the DAMPS invention team, as it relates to audition application.

The answers would be very interesting and go along way to highlight the alleged conspiracy. We would be able to get to the bottom of this. I will talk more about these issues with my next blog and we will see if we get a response from the defendants. What do you think?

On a More Positive Note

Shoe Grit, The Movie
As a movie update, we are now looking for an agent to represent us re the eighteen year story of DAMPS Footwear Technology. We have had some suggestions who could play my character. It is a tough role with a rough road. Walking a mile in my shoes takes more than a smile and more than a mile.

Lucky Show Seven
Every show opens for me with God, beer, a mix of responsibility, trepidation, anger, belief, respect and duty. Imagination vs. imagination. Man to man, so to speak.

10, 127 Inventions
Matt Gallant opens the show with the final statistics on the number of inventors that auditioned, 10,127. I still have tremendous trouble believing that we are seeing America’s best inventions?

Inventors Without Rage
My worst fears are realized! The first half of the two hour special is going to be dedicated to the ten most outrageous inventors. All of whom we have seen before. Is this the most imaginative theme the producers could come up with?
I need more beer!

Inventor Cameo
The DAMPS Invention Team did get another one second screen shot, that only I would recognize. I believe the producers are trying to cruelly tease us.

The Confessional
This a room the inventors went to after the audition with the judges. We had some choice comments re our judging experience but I seriously doubt if we will see anything on air.

DISNEY
Please note that Disney owns ABC, who controls the producers of the American Inventors. Disney started a new business developing products linked to the show. Don’t forget who controls the final twelve inventions.

Children Inventors
Remember, Kyle the kid with the Doggy AC, that everyone liked from a previous show but got voted off anyway? Well the producers brought him back I am not sure why other than to try and portray the softer side of the Pillsbury dough boy,
F Chuck (Doug Hall). I am not sure which is worse for a kid, being voted off the show or having to hug F Chuck. As I stated previously the younger kids should have had their own category.

Mentor Us Mary Lou Quinlan
After making it through the first hour we are on to the quest for the final four inventors. Big Red (Mary Lou Quinlan) offers a few mentoring tips such as, “Jerry, stay in charge of your invention.” “Darla, bring us into the 21st Century.” “Francisco, make the bike hipper and safer.” With that kind of expert mentoring who needs to go to college.

Jerry Wesley and the EZ-X Portable Gym
I am not sure what happened with Jerry? A “force of nature,” as Big Red (Mary Lou Quinlan) called him, hit stormy weather. It was his audition presence that got him to this point in the competition but that person was left stranded.

Jerry needed design help. His so called girl friend wouldn’t even answer his phone calls and it became obvious that he did not fully fathom the design and prototype engineering process. He appeared timid, confused, and out of ideas. He was forced to trust the experts, always dangerous and potentially one sided. I felt bad for him and this deficiency really hurt him with his next level prototype. The focus groups grilled him and then in testing when the invention came flying off the door and nearly killed the user, it was a knife in the heart. Viewers knew right away Jerry was not going to the final four.

He was talking fast and talking smack for the judges but it was clear his invention had not stepped up. You really knew it was going badly when he ended up verbally attacking the other inventors. There was some positive feedback from users and I hope Jerry can get the safety engineering worked out. The exercise market is very competitive but with the show’s exposure, he still could be a viable candidate for Home Shopping Network or QVC. Invention is a verb Jerry…

Darla Davenport-Powell and The Here Comes Niya Doll
Darla after twenty years had great invention focus on what she wanted and her subtle command with the children’s focus and singing group paid dividends. We saw a definite improvement with her expanded vocabulary product and packaging however in testing a nagging electronic glitch with the vocal mechanism didn’t go over with the kids very well. Overall the children did seem to respond favorably.
With the exposure the Niya doll received from the show, we could see this doll do well in Christmas sales.

Darla’s singing presentation did not go over well with Simon Bowells (Peter Jones) and the judges were concerned with the further challenges of a saturated doll market. I was bias at this point wishing Darla well, but hoping for my favorite bike man to dazzle.

After twenty two years there is no giving up Darla, but spiritually I do not think I have to tell you that. The very best of inventors luck.

The Winner, Francisco Patino and the Double Traction Bike
As I spoke before especially being a bike guy myself, what’s not to like about this immigrant kid from the streets of Columbia, Franciso? He is humble, he listens, has strong ideas and lucky for him he had a very talented and motivated design firm that did a miraculous make over on his bike. Adding the safety fender and especially making the unit detachable was pure genius. The design team achieved the safety and hippness that Big Red had asked for in her tutelage. I didn’t catch the new name but a new name/logo was needed.

Francisco struggled with the focus group and a market focus conflict, but came to a great marketing decision by choosing the teenage market. Prototype testing began a little slow but by the end the beach users liked the new experience.
I live at the beach in San Diego and it won’t be too long before I will see this product on the boardwalk.

Big Red (Mary Lou Quinlan) kept asking if it was too soon for Francisco as an inventor? Why, I don’t know. At this part of the contest it is more about the invention than the inventor. Franciso answered the challenges for both.
Way to go Francisco. Peddle it all the way!!

Background Music
Who picked the music to end the show with? I can understand the “I can be your hero” theme but it flowed very forced and contrived.

Next Week’s The American Inventor
Simon Bowells (Peter Jones) and F Chuck (Doug Hall) will mentor the final six inventors down to the final four. It looks like the producers are hearing our pleas to quit doing reruns of inventors gone home. This two hour special will leave us with the final four as the show winds down. Unless something has changed America will soon vote for who is to be the first ABC American Inventor. Text Messaging Charges will apply. My vote has already been cast.

A Magnetic Promise
True Power exists,
merging our greatest strength
with our greatest weakness. c JB