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The first English language forum dedicated to one of the most enigmatic and successful German writers of all time
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 Post subject: Just who is behind the American Winnetou Trademark push?
PostPosted: Fri Nov 07, 2008 8:56 pm 
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Joined: Sun Feb 04, 2007 2:25 am
Posts: 12
Location: Pierpont SD USA
Finally the question we have been asking has been answered!

According to the phone call we received from Pow Wow (in Canada) today, the Karl May Verlag has negotiated an exclusive contract for a Winnetou branded line of leather goods. Pow Wow, whilst impressed with the Nemsi Books English language offering, is bound by this contract to only deal with the Verlag and KarlMayUSA.

If this is indeed true, it would thus seem rather obvious that Karl May’s message to the world will once more come under the virtual stranglehold of the Karl May Verlag, which has to date not made an impact in the United States of America (or the English speaking World).

Thwarted by the German Supreme Court ruling that prohibits a trademark on Winnetou for all media, it is now revealed that the Karl May Verlag is financing the push to trademark the name in this country instead.

But this trademark is not restricted to America alone – rather it is an international trademark that will affect the entire world.

Are we, as Karl May acolytes, prepared to stand by idly while Winnetou and Old Shatterhand are bound and led into the gulag of the Karl May Verlag once again?

I encourage the world to keep the names of Winnetou and Old Shatterhand free from such self-serving bondage. The tales written by Karl May belong to mankind and not just one person or one publishing house.

Help us end this affront to these two Karl May characters, lend your voice to our effort to free Winnetou and Old Shatterhand from the trademark bondage imposed upon them by the Karl May Verlag and KarlMayUSA.

Sign our petition to extinguish the trademark!
http://www.nemsi-books.com/phpPETITION/index.php

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Michael M. Michalak MACS
Nemsi Books


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 Post subject: Re: Just who is behind the American Winnetou Trademark push?
PostPosted: Sat Nov 08, 2008 11:44 am 
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Joined: Sun Feb 04, 2007 12:58 am
Posts: 100
Location: Melbourne Australia
Now is the time for all the friends of Karl May to stand up and be counted!


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 Post subject: Re: Just who is behind the American Winnetou Trademark push?
PostPosted: Sat Nov 08, 2008 11:37 pm 
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Joined: Thu Aug 28, 2008 8:36 pm
Posts: 25
Location: USA
I must agree that the time has come for anyone and everyone who believes in the messages Karl May has penned in his various manuscripts to stand up and lend their voices against this outrage. Karl May wrote his many novels for the people and it is clear these stories have touched the hearts of many throughout the world. However, the recent events have suggested that only a few should control how his message is conveyed to the world. This goes against every belief and principle that Karl May tried to pass onto mankind.

Karl May was obviously touched by the injustices that were perpetrated not only upon the Native Americans but also other people who were hounded and in decline. He created stories that involved the characters of Winnetou and Old Shatterhand to highlight these aspects here in America. They were the lost human souls that knocked on the hardened hearts and drew attention to the plight of the Native people. Winnetou has stood the test of time as one of Karl Mays noblest heroes and has touched the hearts of millions. Karl May took up the fight for many cultures that were on the verge of being extinguished by the rich and powerful who sought to gain dominion over them. His stories were a way of fighting the injustices in the world. It is this reader's opinion that he wrote these stories to inspire and empower people, to remind each and everyone of us that we can make a difference. His message is also about peace and tolerance and how to get along with our fellow man and not to dominate, imprison or hold people in bondage.

Let us not disappoint Karl May by sitting back and idly allow a few people with delusions of grandeur hold Winnetou, Old Shatterhand, Kara Ben Nemsi and all of Karl Mays beloved characters in Trademark Bondage. Let us send a message that will echo throughout all the lands of this world that Karl May and all of his characters shall be forever free.

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Angie Baldwin - Nemsi Books http://www.nemsi-books.com


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 Post subject: Re: Just who is behind the American Winnetou Trademark push?
PostPosted: Mon Nov 10, 2008 11:48 am 
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Joined: Sun Feb 04, 2007 12:58 am
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Location: Melbourne Australia
Hello Angie - you could not have said it any better. We do agree with every word that you have said. Unfortunately Karl May and his work has become to many people a money making proposition quite contrary to the message he was trying to convey. We doubt that there are many people out there who actually think about his philosophy and understand it! Because if they would they certainly could not exploit his heritage as they do.


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 Post subject: Re: Just who is behind the American Winnetou Trademark push?
PostPosted: Fri Oct 23, 2009 8:25 am 
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Joined: Sun Feb 04, 2007 2:25 am
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Location: Pierpont SD USA
According to the Trademark Electronic Search System (TESS), Sabine Niederberghaus-Lesavoy is listed under the owner section along with the registrant "Karl May" Verwaltungs und Vertriebs-Gmbh. The name Sabine Niederberghaus-Lesavoy is also associated with KarlMayUSA.com and Karl May USA Inc. and, according to a letter from Ms. Lesavoy's lawyers, Foley & Lardner LLP (21st October, 2009), it is claimed that

...Ms. Lesavoy has certain rights persuant to an agreement with Karl May Verwaltungs and Vertriebs-Gmbh, which as we are sure you know is the publishing company in Germany which has published the Karl May novels for the past hundred years. Those rights include but are not limited to the right to exploit the Karl May works, develop motion picture films, television programs and series, and all merchandising and ancilliary rights related to the works.

Is one to believe from the above Trademark listing that Ms Lesavoy is synonymous with "Karl May" Verwaltungs und Vertriebs-Gmbh which in turn is synonymous with the Karl May Verlag?

Further, Ms. Lesavoy is also listed as the owner under in the Trademark listing for the names WINNETOU, OLD SHATTERHAND and SHATTERHAND - and separate listings for these same names exist under Karl May USA Inc. (Please peruse these listings via the TESS trademark search system click on "New User Form Search (Basic)" and enter the Search Term "Winnetou" or "Old Shatterhand" or "Shatterhand")

One should note that the earliest filing date for WINNETOU is listed as 11th March 1998 and the latest date being 22nd October 2007. One must have to ask if Ms. Lesavoy has been seeking a trademark since 1998 what has she contributed to the works of Karl May in 11 years?

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Michael M. Michalak MACS
Nemsi Books


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 Post subject: Re: Just who is behind the American Winnetou Trademark push?
PostPosted: Sat Apr 24, 2010 12:00 am 
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Joined: Thu Aug 28, 2008 8:36 pm
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Location: USA
The trademark office in the United States has granted Sabine Niederberghaus-Lesavoy an international trademark on the name "Winnetou". One has to look at this from a totally different perspective, first of all the trademark office is an adversarial office and in making this ruling, they by their own admission have thrown the doors open for litigation. This is really a good thing, because it gives us the opportunity to expose the whole ugly truth behind this trademark and expose everything to the world. One only has to look at what she claimed to be her products in commerce. It is the DVD "Winnetou" collection product of Universum Film produced in 1965. She simply printed off a "Winnetou" TM sticker from a computer and pasted it on the outside package and claimed it as her product. But it didn’t stop there she has also done the same thing to the "Winnetou" audio book and the Preiser figurine on her web site http://www.thelegendofwinnetou.com/ under her shop. What was she thinking? Does she think the owners of these products wouldn't find out what she had done?

A couple days ago I receive a response from the German authorities regarding this matter, thanking me for bringing this to their attention. They also stated that they would deal with this matter once it reaches their desk, but she would never be granted a trademark in Germany because of the court ruling. They were also very interested to learn who all was involved in this. The problem is the legal process takes such a long time and justice is never swift but it comes eventually. :D

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Angie Baldwin - Nemsi Books http://www.nemsi-books.com


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