Nemsi Books Publishing Company

Release Winnetou and Old Shatterhand from Trademark Bondage!

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 here) 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

The trademarks that both Ms. Niederberhaus-Lesavoy and Karl May USA Inc. have applied for have been published for opposition on the 23rd September 2008.

In an article by Jürgen Schönstein in Focus Nr.45 2001 it states

In Los Angeles arbeitet die deutsche Produzentin Sabine Niederberghaus im Auftrag des Karl-May-Verlags mit einem US-Produzenten und einem großen Studio „intensiv an der Realisierung eines sehr qualitativen Kinofilms für die USA zur Einführung von Karl May in diesem Land und für ein weltweites Publikum“, wie sie sagt. Weitere Einzelheiten könne sie auf Wunsch des Karl-May-Verlags nicht verraten.

Sabine Niederberghaus, a producer from Los Angeles, is working under the instruction of the Karl-May-Verlag to intensively negotiate with a United States producer and a well known film studio for a "high quality movie to introduce Karl May to the United States and the public", as she says. Further details she can not divulge as that is the wish of the Karl-May-Verlag.

On the Karl May USA website it states:

As part of the U.S. trademark process, Karl May USA started this website in May 2006. We own the rights to the use of the name WINNETOU™ and OLD SHATTERHAND™ in the United States.
(copied on October 22, 2009)

Does this mean publishers in the United States do not have the right to publish Karl May's work without infringing on the rights claimed by Karl May USA?

The following statement made on the 5th December 2002 (See: this Article) also embodies our belief. To whit;

Bei Winnetou handelt es sich nunmehr um einen Begriff, der sich einer ungemeinen Bekanntheit in Deutschland erfreut. Viele Leser aus allen Generationen verbinden mit dem Namen einen bestimmten Typus eines edlen Menschen, eines Indianerhäuptlings ohne Fehl und Tadel. Dies meinte auch das Zweite Deutsche Fernsehen (ZDF) und klagte auf Löschung gegen die Bamberger Karl May Verwaltungs- und Vertriebs GmbH. Hintergrund war eine Forderung der GmbH gegenüber dem ZDF auf Zahlung von Lizenzkosten für die Ausstrahlung des Films „Winnetous Rückkehr“.

With regards to the name Winnetou, it is a concept that enjoys enormous fame in Germany, Many readers from all generations connect this name with a certain noble human being, an Indian chief beyond reproach. The Second German Television (ZDF) was of the same opinion and sued the Bamberger Karl May Verwaltungs- und Vertriebs GmbH to have the trademark extinguished. The basis for this action being the demand by the [Bamberger] company for royalty payments from the ZDF for the transmission of the film "Winnetou's Return".

In the above letter, the attorneys, acting on behalf of Sabine Niederberghaus-Lesavoy, required us to remove statements which they claimed were untrue. The first of these refered to a trademark being extinguished on the 5th December 2002. (our comment has been removed.) Please refer to the following text to draw you own conclusion. (See: this Article)

In the letter from the Ms. Lesavoy's attorney it further states:

...your website implies that Ms. Lesavoy was a losing defendant in an action brought by Karl May Verwaltungs und Vertriebs-Gmbh in Germany which is also false.

Our comment (now removed) was made in reference to a summation of German and American Law (See: Article wherein a book publisher sued a film producer for the use of the name Winnetou).
Surely one must ask: "If the Karl May Verwaltungs und Vertriebs-Gmbh (plaintiff) brought the action, how then could Ms. Lesavoy also be the defendant?" You may draw your own conclusion by reading the article.

In fairness it should be noted that Ms. Lesavoy and the Karl May Verwaltungs and Vertriebs-Gmbh are not the only ones that are pursuing trademarks for the name WINNETOU

All of the above names refer to two fictional characters created by Karl May [1842-1912] in a series of books of which some bear these names as titles.
These literary works have been and continue to be translated into English and many other languages, preserving the original names and the original creator in the newly created English language works which are copyrighted by the individual translators.

Karl May's original works have been in the public domain since 1963. Karl May wrote in his autobiography

For whom were my books written? Quite naturally for the people, for all the people, not just for a minority, for single classes or for single age groups. ...

The Nemsi Books publishing house is producing the above named books and currently has four titles bearing the name of Winnetou in print. Each of these books lists the source and the original author. It is the aim of Nemsi Books to disseminate Karl May's work in accordance with his statement above and not to profit or exploit his stories or his characters for personal profit. Our reward comes from the knowledge that the stories Karl May wrote are now finally being made available to an English speaking public in an unabridged manner, based on his earliest publications that are now in the public domain.

Sunshine Records of Canada is producing our English language e-books and audio books under our license.

Should we therefore tolerate a trademark that would bind Winnetou and Old Shatterhand to a person or company whose attorney claims to have "... the right to exploit the Karl May works"?

Please join us and sign this petition to free Winnetou and Old Shatterhand from Trademark Bondage in the United States of America.

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Victoria Cafferelli,

Gábor Bánóczi,

Laura H. Haglund,

Josie Kingbird,

Dr.Margaret Thomas,

Jaroslav Nemec,

Dominica Dicosmo,

A.H.J. Gijsen,