Nemsi Books would like to thank all the people who signed the petition to cancel the Winnetou trademark. Your support has been and continues to be invaluable to us.
Federal Civil Court of California Accepts Karl May USA’s Voluntary Dismissal.
Nemsi Books accepted Karl May USA, Inc.’s Stipulation of Voluntary Dismissal of all claims asserted in the lawsuit filed on March 31st, 2011 by Karl May USA, Inc.
On March 9th, 2012, the Honorable Dean D. Pregersen signed the order that Karl May USA, Inc. be dismissed with prejudice, that it file an express withdrawal of its clothing trademark with the United States Patent and Trademark Office within ten (10) days of this order, update the pending cancellation proceedings in connection with the trademark, and abandon the mark and all reference to the mark on all web sites owned and controlled by Karl May USA Inc. (see: Document 28)
Despite repeated requests to adhere to the above court order, Karl May USA, Inc. has to date not taken the proper steps to cancel the trademark.
In its order dated December 5th, 2002, the German Supreme Court confirmed that the name Winnetou had, due to its fame, become a synonym for a noble Indian Chief and was therefore not suitable to serve as a trademark for the publication of books, magazines or film productions that dealt with this fictional character. (see: BGH Ruling I ZB 19/00)
In 1963, fifty (50) years after Karl May’s death , his works and the fictional characters he created entered the public domain. In this 100th anniversary year of Karl May’s death it is fitting that his iconic characters enjoy the total freedom they deserve.
Stop the exploitation! Join the movement and help us free Karl May’s iconic characters.