Many thnx to Sabine (from Ontario) for the translation !!!
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 :
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
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
I would also be interested to know if you contacted
the manufacturer of the Fluegelrad models and all stores which
carry these models.
Dear Bettina and Dr. Volkmer, of course I recognize
your choice of
That does not change the fact that, as a Unimog
Like I already mentioned, I am going to remove
those 3 letters from
With best regards,
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
We hope that answers your question and are looking
forward to the
tel.: + 49 (0) 89 3 82 - 3 49 36
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 weirdos its 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.
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
He also might not mind the bavarian weirdos .
With best regards,
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 wont 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)
Rather interesting with what kind of things our industry
leading companies spend their time.
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,
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. Thats at least what I could deduct from Ms, Mays statements.
All in all a great coup of the BMW-group in terms
I am already wondering with what else to car-manufacturer-who-does-not-want-to-have-its-name-used-for-itself will do next!
Greetings from Nuremburg,
That was not satisfactory for me, so
I mailed Martin a few more questions.
Here is and excerpt of the answers :
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 XXXs 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 its name.
See you, Martin
Other Visitor reactions:
Excerpt from an e-mail from Rene R.
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 dont 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.
p.s.:dont buy XXXs, I drive anyways a Japanese one.
E-mail from Martin K.
But then also erase any hints of eventual jets in other projects.
Greetings from Maarburg, Martin
Even I already had the thought of erasing
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
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
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 wont 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.
.. 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:
Thank you for turning to us.
Happily we picked up your requests and moved them forward
We hope this act was within your request and are at your service
With kind regards,
Hmmm, inform me ,
well, lets see
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 !
P.S. Montoya sux ! ;)
P.S. 2 (17.11.2003) Damn it, this sucker drives now for Mercedes, damn it !
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