On Wednesday 10 April the Zappa Family Trust - administrators and owners of Frank Zappa's works, managed by Zappa's widow Gail Zappa - started proceedings at the Landgericht Düsseldorf against the German Arf Society, organizer of the Zappanale, a Frank Zappa dedicated festival, that has taken place at Bad Oberan (Germany) every year since 1990. This year the 19th edition is put on the agenda for August 15-17. But the Zappa Family Trust seems to be concerned about some 'Zappanalities'.

Although I have not found any copies of the writ of summons that was issued to the Arf Society, one can learn from many comments on the internet that the Zappa Family Trust seems to be troubled by, among other things, by the use of Zappanale as a trade mark for selling merchandise, such as Zappanale CDs and DVDs, t-shirts etcetera (have a look at the Arf shop at http://www.zappanale.de/), and against the use of Zappa's 'facial hair' as depicted on the above poster. Apparantly - as several journalists have reported - the Zappa Family Trust claimed protection for the typical Zappa beard that is an emblem marketed by the Zappa Family Trust (I tried to find some trade mark registrations with regard to the Zappa beard but did not succeed, so the claim may be based on copyright or the German concept of 'Austattung').

It is reported that the Landgericht Düsseldorf was not impressed by Zappa's beard, because the beard sign used by Zappanale lookes more like a bird to the court. With regard to the use of 'Zappanale' the court did not seem to be so confident yet: Zappanale is in use for at least 18 years. It was registered as a trade mark at the Deutsches Patent- und Markenamt on 13 December 2003 by Wolfgang Kutz, who happens to be Arf Society's treasurer. According to the registration an opposition is pending and the trade mark infringement proceedings before the Düsseldorf court are most probably inspired by the limitation of actions seth forth in for example art. 9 of the European Trade Mark Directive, according to which a trade mark owner with prior rights who refrains from action for a period of five successive years against the use of a later trade mark that has been registered, forfeits the right to fight (alleged) infringements. So we will have to wait and see.

If you want to be more active you could sign a petition against the Zappa Family Trust at www.petitiononline.com/ZFT/. Or: why not Sheik Yerbouti a bit while Freakin' Out with some Catholic Girls in Joe's Garage? And don't forget: You Are What You Is! Don't worry the 'Dancin'Fool', it's just the Central Scrutinizer, who's shouting.