17.Nov.2003

Many thnx to Sabine (from Ontario) for the translation !!!

 





Seite 2


Letter translation :

 

Dear Mr........ ,

It came to our attention that you are offering airplane models on your webpage www.pilotenbunker.de
that carry the name BMW. We refer to the Models BMW Fluegelrad V-1 and BMW Fluegelrad V-2.
There are no fundamental proofs that these models got developed and produced my BMW AG.

The BMW Brand is a trademark of the BMW AG.
The above mentioned naming of your models is breaching our trademark rights.

That is why we have to demand of you not to use this trademark name for your models and to remove your
models’ pictures that are marked this way from your webpage.

We hope you can show understanding for our position and will follow our request a.s.a.p.

With best regards,

Bavarian motor works incorporated

 

Those are the pictures in question :

Flügelrad 1

Flügelrad 2

 

My answer per e-mail

Good day to you.

Subject: breach of trademark rights.

Well, I am surprised.

Do you really write everybody a letter who uses the words BMW
(another breach of trademark rights?) on their webpage?

Excerpt from the letter:

"That is why we have to demand of you not to use this trademark name for your models and to remove your models’ pictures that are marked this way from your webpage."

I will erstwhile abide by your (strange) demand, but will also contact my
lawyer, since this is an in stores readily available model and not packed
or produced by me.

I would also be interested to know if you contacted the manufacturer of the Fluegelrad models – and all stores which carry these models.
Or was it just one of those situations where the life of the small person
gets made difficult after somebody did only do half their research ?

Dear Bettina and Dr. Volkmer, of course I recognize your choice of
using warm words and I am thankful that you did not threaten with a
lawsuit right away, like it is common in Germany right now,
but (first-while) asked for my consideration.

That does not change the fact that, as a Unimog 404 "pilot",
I have no use for your plastic cars and I even hate drivers of those,
so you did not lose me as a potential customer, but the planned
purchase of a “Mini” for my girlfriend has to be reconsidered now,
because I am afraid to experience that same nitpicking in case of
a purchase or garage-visit.
(I know, I know, one car less does not hurt the XXX-group)

Like I already mentioned, I am going to remove those 3 letters from
my webpage, but I also hope that you can sent me an answer per
e-mail to my questions.

With best regards,

Frost

 

Answer of XXX-group may 30th, 2003 :

Dear Mr…… ,

Thank you for your e-mail.

Your questions are going answered to the extend of letting you know
that the BMW AG is
interested in an all-around victory of their market
rights and is willing to go to any possible lengths to insure that.

We hope that answers your question and are looking forward to the
removal of the BMW brand from your webpage.

Best Regards,

Bettina May

BMW AG
Trademark & Design Department, AJ-35
80788 München
Germany

tel.: + 49 (0) 89 3 82 - 3 49 36
fax: + 49 (0) 89 3 82 - 3 30 50
mail: bettina.may@bmw.de

 

I saved myself another e-mail , even tough my questions did not get answered to my satisfaction.
In my models list I removed those 3 letters of the Bavarian car producer and even the
2 pictures in question got worked on and changed, so the B of those 3 letters is not readable anymore.
Even though I still believe that it should not be possible to forbid somebody to publish pictures of
models that a freely available in stores unless it is the manufacturer of the model.
I am not going to fight since I have neither time nor money for it.
So far so good, I thought, to comply with the wishes of the XXX-group, Boy, was I ever wrong:

 

Brief der "XXX Group" vom 10.Jul.2003 :

Letter translation :

Dear Mr…… ,

Since we requested the removal of the brand BMW from your webpage www.pilotenbunker.de
in our correspondence of May 23rd, 2003, we had to find out, that you are still using the BMW
word on your airplane models “Fluegelrad”. The little erasing of the letter b is not satisfactory.

This is why we request again that you remove the BMW Brand completely

by July 28th, 2003

from your model name list.

 

With best regards,

Bavarian Motor Works Incorporated.

 

 

Now you bavarian weirdo’s it’s enough!

For me this topic was done, since I simply do not have time to worry about shit like that.
Amazing that you get paid to do something like that!

MW is still a brand name misuse? MW means motor works, and on this in the general use of language
shortening of motor works that gets also used by other Companies you argue to have a monopole too?
I will change the pictures again, but simply for one reason: to have enough time to find professional help.

If visitors of this site know lawyers specialized in marketing and registered brand name rights,
I would appreciate a contact very much. Also your opinion would be very interesting to me
and will be published if the choice of words is proper enough. People who want to contact
the XXX-group, can find above the necessary data.

 


First reactions:

Shortly after publishing this request, a online buddy referred me to a lawyer
who specializes in marketing rights.
I contacted him and asked him to read through all this to get his professional opinion,
here is the answer :

 

Dear Mr.... ,

Sorry, but I cannot present you in this, since it would be a conflict of interest.
May the college v. Gravenreuth can help you out with this,
he is very provident with internet marketing.

He also might not mind the “bavarian weirdo’s” .

With best regards,

Dr.Till Jaeger

 

 

Hmmm, in any case a little thank you to Mister Jaeger, because even though he seems to work for
the “enemy”, he made a reply and even suggested another lawyer.

So, immediately a new e-mail is written and sent to the college in Munich.

Since I have not received an answer after several days, I assume this people won’t help me either.
I at least expected an answer in the kind of Mr. Jaeger, since they are in Munich,
and are probably another underling from the XXX-group.

The search continues: everybody who knows a lawyer who specializes in this, PLEASE contact me.

 


First reactions from visitors :

Besides many others I also informed Martin Graf, Chef Editor of a model magazine "Kit" ,
who also has a friendly relationship with pilotenbunker.de . (refer to Extrablatt #1)


Hi Frost!

Rather interesting with what kind of things our “industry leading companies” spend their time.
I just could not resist and phone BMW.
I had a very interesting conversation with Ms. May.

I wanted to know what kind of consequences the publisher hat to expect if we made a report about the BMW Fluegelrad models. She could not exclude the we too would have to expect some kind of mail from BMW. And what happens to those retailers who sell those model packages,
they probably are already with one foot in jail.

What surprises me though is that the manufacturer publishes them with the XXX-Fluegelrad name. I think the people from BMW have not realized yet what this is about. That’s at least what I could deduct from Ms, May’s statements.

All in all a great coup of the BMW-group in terms
of public works.

Well done!

I am already wondering with what else to car-manufacturer-who-does-not-want-to-have-it’s-name-used-for-itself will do next!

Greetings from Nuremburg,

Martin Graf

 

That was not satisfactory for me, so I mailed Martin a few more questions.
Here is and excerpt of the answers :


..............

Your question, if this Ms. May things that you are producing or retailing those models, I don’t know either. I had the suspicion this was routine, where they act without checking everything out properly.

It probably works after the motto that a webmaster of a small webpage will come in line without causing too much off a fuss. That would probably also explain the surprise Ms May got when you published XXX’s letter on the net.

My questions about retailer, other magazines and the producer of the models received very vague answers. Kind of like they either do not know what they are talking about or purposely stupid.

Anyways, both are actions which throw a strange light on this department of the corporation.

The only reason for the whole actions I could wheedle out from Ms. May, is that, of course, BMW watches very well over the use of it’s name.
Good, that’s also a way to keep people busy.

See you, Martin

 

Other Visitor reactions:


Excerpt from an e-mail from Rene R.

..............

So I was today on your webpage pilotenbunker.de, looked at the news and decided to finally write you an e-mail.
I often played with the thought, but just never convinced myself to do it.

First I have to tell you that I think your web-page is really, really horrible. Every time when I see your page and see those articles of your, I develop very aggressive feelings.

Those articles from high-paid Bavarian office-desk-studs of the company xxx or from not serious historians, who ride in on the current topic of interest, but bend the facts so very much that even last and least is embarrassed to German citizenship written in his passport. I don’t have the words for that and I can fairly feel how my blood pressure is rising. Horrible.

But every time when I went offline and calmed down a bit, I feel borderless gratitude that there are such people, such enthusiast as you. Somebody who makes and keeps up a webpage like that as a hobby, invests time and money to fight with bureaucrats, big companies, lawyers and the likes without giving in, has my awe. This recognition was something I had to do.
......................

Rene

p.s.:don’t buy XXX’s, I drive anyways a Japanese one.

Thanks ;)

 

E-mail from Martin K.

Hei-ho,
Looking for a building model, I chanced onto your site and the antics of the B…….M……W…….I can’t shake the opinion that there are people who work themselves into being needed. If BMW does not want to be connected anymore with any activities of the second world war-that’s fine.

But then also erase any hints of eventual jets in other projects.
The involvement seems to be a historical fact just as they are the historical circumstances. Why this distorting of history? Didn’t also the white Fokker VII , which Goering (who came later to questionable fame) flew in WW1 have a BMW Motor? Such behavior from the production company is obviously there to get into favor with still skeptic future customers.

Greetings from Maarburg, Martin

Even I already had the thought of “erasing of history”.
Hmmm, would that be the time to mention forced labor?
No, that would simply be to low and does not belong here.

Further reactions shortly.


When visiting the webpage from Mercedes Benz, I was greeted with the following text:

Are we following the right trail?

Do you like our web-page?

Do you have a suggestion for a change of direction?

We are happy about any constructive critic.

After all it helps us to meet our customers wishes better.

So should you have questions or suggestions- turn over the
ignition key and drive in.

You will get an answer the digital way.

Since I had a few questions I “turned the ignition key over”.

Here are a few excerpts from my e-mail:

 

………my webpage www.pilotenbunker.de, and look at special edition #4.
There you will get a very good idea with what your “friends” from BMW keep busy.
It is about market right/trademark.

There is no question about the fact that in these times companies have to insist on the market rights,
but this story is absurd. In the meantime I felt threatened by BMW, but as the “small’
guy I had to give in, for now.

Since, as the proud pilot of a “Unimog 404 Funkkoffer” from your company I am going to stay loyal forever,
even the 25-30 liters of high-octane gasoline for 100km won’t change that,
I would really appreciate a statement or answer to my mail.

Unfortunately I could not find a direct link to your market-rights division,
so I ask you to please redirect this writing to the right person or somebody who is interested in it.

Even with the risk of waking sleeping dogs I would like to let you know that on my model-list you can also
find a few models from Mercedes Benz. Will I now also get mean letters from you guys?

I am really looking forward to see if I get an answer from you.

If not it would be the first time your customer service disappoints me.

Greetings,

Frost

 

 

“….. turn the ignition and drive on in. You will receive an answer the digital way”

Here is the answer that came after about 12 days:

 

31.Juli 2003

Ref. CS-1-48238225

Dear … ,

Thank you for turning to us.

Happily we picked up your requests and moved them forward
to the proper department.
Our colleges are going to proof-check your e-mail and inform you .

We hope this act was within your request and are at your service
for any future concerns.

With kind regards,

Bianca Habert

 

Hmmm, inform me ,
well, let’s see…

 

 

17.Nov.2003

Well, just guess .

Right, no answer after 4 month !

I got also some e-mails mentioning that this theme
was forwarded to some other lawyers, guess again,
right, no lawyer contacted me so far......

 

Ok, looks like this story is over and out, but remember :

An Elephant brain never forget !

Frost

 

-----------------------------

P.S. Montoya sux ! ;)

P.S. 2 (17.11.2003) Damn it, this sucker drives now for Mercedes, damn it !


 

Zurück / Back




= Piloten Bunker 1939 - 45 =

2000 - 2003 by Frost