Gail Zappa lost in court today against the Zappanale / Arf Society

 

(basically what this article says is that Gail lost her several year long war against the Zappanale/Arf Society folks. She was trying her best to prevent the annual Frank Zappa tribute festival from taking place and from using the name ZAPPANALE. But she lost because she could not prove that the name ZAPPANALE belonged to her, not enough proof or power in Germany to coin that phrase. So, the 20th annual Zappanale Festival, which hosts MANY MANY Zappa tribute bands and Alumni from around the world over three fun filled days, will go on as planned this coming August. They (Arf Society) have tried MANY MANY times, even had me help, to make peace with the ZFT to join forces and make something that is already great, even better, but they (Zappa Family Trust, aka Gail and Dweezil) don't want any part of it and spend lots of time fighting against it. Pretty silly.

I say: If you can't beat 'em, JOIN 'em! 

 

 

Zappa-Witwe verliert «Zappanale»-Streit am 21. Januar 2009 17:00 Uhr

 

Die Witwe des US-Rockmusikers Frank Zappa hat einen Prozess um das deutsche Musikfestival «Zappanale» und den Bart ihres Mannes verloren. Das Düsseldorfer Landgericht wies die Zivilklage Gail Zappas am Mittwoch ab. Gail Zappa Gail Zappa hat verloren. Die Witwe wollte verhindern, dass das Festival weiter unter dem Namen «Zappanale» ausgerichtet wird. Sie sah darin Markenrechte verletzt. Auch das Logo, das einen stilisierten Bart Zappas (1940-1993, «Bobby Brown») darstellt, verletze Markenrechte, hatten die Zappa-Anwälte behauptet. Beides sah das Gericht anders: Die Klägerin habe nicht nachweisen können, dass sie ihre Wortmarke «Zappa» in Deutschland ernsthaft nutzt. Die Website in englischer Sprache mit Preisen in US-Dollar für Zappa-Devotionalien reiche als Nachweis nicht aus. Bei der Bildmarke, dem stilisierten Bart Zappas, seien die Unterschiede zum Festival- Logo so groß, dass keine Verwechslungsgefahr bestehe. Die 19. «Zappanale» hatte im vergangenen Jahr in Bad Doberan (Mecklenburg-Vorpommern) 6800 Besucher angezogen. Der Vorsitzende der Festival-Veranstalterin Arf Society, Thomas Dippel, zeigte sich nach dem Urteilsspruch «sehr zufrieden». Die 20. «Jubiläums-Zappanale» könne wie geplant in diesem Jahr stattfinden. Man werde freiwillig den Zusatz «Zappa Music and more» anfügen, auf den man sich bei den Vergleichsverhandlungen mit den Zappa-Anwälten geeinigt hatte. Die Verhandlungen waren dennoch gescheitert. Die Witwe Zappas hatte in ihrer Zivilklage gegen den einzigen deutschen Zappa-Fanclub erklärt, sie habe in den USA den Eindruck gewonnen, der Name ihres Mannes werde als «Hingucker» für zum Teil völlig andere Musik benutzt. Der Rechtsvertreter des Fan-Clubs, Johannes Vogel, betonte, das Festival sei eindeutig «zappaesk».

 

Comments about this posting, taken from my myspace bulletin, below:

From Comment
donvision Jan 22, 2009 9:24 AM
what did she lose? her looks?
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joe Jan 22, 2009 5:11 AM
sometimes the will of the people is actually served, glad to see it in this case. it sucks to see someone who wants to drag everyone down and make her loss everyone's loss. glad this fest isn't in america, judges here are so ugly and hardup they probably woulda gangbanged her and she woulda won the case , and fuck fuckin dweebil too
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MO Jan 22, 2009 2:29 AM
i have always disliked gail…shes a money hungry widow living off of a great mans fortune and talent!! i wish i could make it to that festival though R.I.P F.Z.
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Blue sky! Online Now! Jan 22, 2009 2:06 AM
Dweezil is not Mr. Frank Zappa. I am sure they wanted to shut everyone up so Dweezil could dominate. Dweezil Zappa does not conduct the band the way his father did. He was supposed to do a show at the Wakarusa music festival in Kansas last summer. I was in back stage camping for the event and witnessed the sound check. WEIRD. ZPZ was supposed to play at the end of the day when A HUGE rolling cloud of thunder and lightening doused the show with heavy Hail and Rain. Enough said. Thank you Dr. Dot
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Angelum Jan 22, 2009 1:38 AM
I would really like to hear Gail's "reasons" and give her a chance to speak out about why, we the audience, should be restricted from celebrating her husband's talent and music. I am wondering if she is so adamant about not being able to hear Zappa on the radio for example…?
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david Jan 22, 2009 1:38 AM
I played Black Napkins today and i saw The Mothers and FZ live. I hope to god she never finds out or i'm fucked.
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WPLJ Jan 22, 2009 1:19 AM
Smitten Then Bitten…….Too bad Gail…..Sorry 'bout your luck…(LMFAO)…now get over it!!!!!!! LOL
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Loki Jan 22, 2009 12:49 AM
Their whole issue seems to be regarding Frank considering himself a composer. Things are much more formal, legally and business wise about performing orchestral works than they are with rock or jazz styled works. Thing is my impression was Frank satirised the rigid formality of the orchestra world as much as he satirised the absurdity of rock n roll. I really hate how Gail thinks she is the only person who "gets" Frank Zappa's music and ideas. My father was an accountant but my mother doesn't know anything about accounting. I'm sure his clients wouldn't want her dealing with their finances.
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Eric Jan 22, 2009 12:40 AM
FRANKly, she seems to have nothing better to do than have/create issues with such events/activities regarding her late husband's great musical legacy. She should lighten up, encourage others to celebrate FZ and not deter these events from occuring. Perhaps if some of the garnered monies from the event went to a Cancer research foundation she might be more inclined to join in.
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From Comment
ัดÏ€†Øะฏ¡Ã Jan 21, 2009 10:39 PM
My only beef is with the font. Had to right click/highlight to read it. ๐Ÿ™ Some ppl like to argue and fight throughout life. Gives them a "cause" to stand up for, right or wrong. (See "Middle East")
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Mike Jan 21, 2009 9:51 PM
Hey Gail… "Don't make a fuss, just get on the bus, and be a crew slut"
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Jock Of Rock Jan 21, 2009 9:40 PM
I do not want to disrespect Frank's wife… but it is sooo hard not to! It is hard to imagine FZ being behind all that Gail and Dweezil do to discourage his music being played and heard… isn't that the point of it all anyway?? Play and listen to FZ music people…Everyone!! Miss you FZ and thank you Dr. Dot!
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Dr. Benway Jan 21, 2009 9:29 PM
I have mad respect for Frank and the rest of the family, but honestly I cant stand Gale. She sues her husbands own fans all the time for wanting to celebrate his life and achievements and keep his memory alive. I think she's ridiculous.
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Greg Rhodes Jan 21, 2009 9:19 PM
A friend of mine was the coordinator for the "Annual Frank Zappa Hoot Nite" in Austin, Texas (the proceeds of said event were always donated to the American Cancer Society) and they were hit with a letter of cease and desist merely because they didn't have permission to use the name Frank Zappa. I don't presume to speak for FZ, but that seems like exactly the sort of thing he would have found both frivolous and absurd. Sad.
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Zoon Noetikon Jan 21, 2009 9:03 PM
Couldn't you find a better pix of Gail?
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J.D. Jan 21, 2009 8:42 PM
Paul McCartney doesn't own the rights to the Beatles songs, they were bought by Michael Jackson.
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MR. JOHN EDGAR Jan 21, 2009 8:42 PM
THAT'S WHY I AM A MAD GYPSY
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Manchik Engineering & C… Jan 21, 2009 8:25 PM
Y A A A A A A A Y ! Gail Zappa is one greedy bitch! The ZFT should let EVERYONE celebrate the music and life of Frank Zappa.
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From Comment
Dream Weaver Jan 21, 2009 8:14 PM
This is your side of it; I'd like to hear it all from Gail's p.o.v……..
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Decay Jan 21, 2009 8:13 PM
WOOOOHOOOO!!!
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Steve C Jan 21, 2009 8:11 PM
Who owns the rights to all the Zappa songs?
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Curtis E Johnson Jan 21, 2009 8:08 PM
It is such a shame that Gail is so intent on trying to stop the people That love Frank, and his work, Enjoying his art. When Frank was alive. his work, and the people who bought it, and payed to see him live. Gave her and her family a very safe financial base to allow them all to live a massively more affluent life than most. No one wants to take anything, from Gail we all would like her to enjoy Good health, wealth, & happiness. There are massive vaults of unreleased recorded material at the house, that really should be allowed to be heard, not hidden away and allowed to decompose (magnetic tape that old is gonna start going mushy even in an air conditioned room) People want to buy it So Cmon Gail Zappa, the Kids just wanna rock and we dont mind paying for the privilege, AGAIN! Look at your house, if you don't belive me. Frank is an icon You were lucky enough to have him to yourself in life. .Now in death he belongs to all of us.
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dwayne jones Jan 21, 2009 8:03 PM
I wonder if she will soon realize how much these efforts hurt FZ's legacy and will ultimately work to not spread his music.
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Tim Jan 21, 2009 7:30 PM
wunderbar! (aber lass mal die farben… da kriegt man ja augenkrebs oder sowas ;))
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GB Jan 21, 2009 7:27 PM
I am happy for that! And reading the German text aloud was a good exercise for my tongue. Thank you!
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scott Jan 21, 2009 7:22 PM
And the relevant quoate of the day is…"JAZZ IS NOT DEAD IT JUST SMELLS FUNNY"…boogie on, Igor…
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From Comment
BillyAzlin Jan 22, 2009 6:27 PM
When we're all dead, the MUSIC will still BE!!! All these shenanigans will be for nought! Music Is Best!
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Jestersdomain Jan 22, 2009 6:04 PM
Zappa rules! I have over 60 of the albums he put out. I can't believe anyone would try to stop people from celebrating this great man and his music.
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Two Fist Popping Corn Jan 22, 2009 4:33 PM
Damnit! it's a fucking honor to have people play your husband's music and have large groups of people come check it out. the man's dead and gone already. let the people celebrate his legacy how they want to. and stop putting out frank's music at absurd prices. every time i check out the zappa website or get one of those emails from "the barflys" i think to myself, "WHAT THE FUCK!" i have no idea what these guys are saying. and their pissing all over franks legacy. either they really are bar flys and have drank too and don't need to be marketing fz product, or someone's lost their sense. not too mention that they have lost my cents. thanks to bit-torrent, who needs zft! thanks for the rant doc.

 

From Comment
Jimmyjammz Jan 22, 2009 10:20 PM
why try to take away something that frank himself gave to us,love,what is the problem,do you need to controll everything that has a frank-dollar attached to it,let the fans express theyre love and interest in frank,my god get a cosmic clue gail,we all love the zappas.
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Jenn Jan 22, 2009 7:48 PM
It is truly sad when it is for the good of Zappa's name and music, not for slander and other crap….man, like you said, if you can't beat em, join em.
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Buh Bye Bush!

"Picture a bright blue ball just spinning, spinning free
Dizzy with eternity.
Paint it with a skin of sky, brush in some clouds and sea
Call it home for you and me.
A peaceful place or so it looks from space
A closer look reveals the human race.
Full of hope, full of grace, is the human face.
But afraid, we may our home to waste.
Theres a fear down here we cant forget hasnt got a name just yet
Always awake, always around singing ashes to ashes all fall down.
Now watch as the ball revolves and the nighttime calls
And again the hunt begins and again the bloodwind calls
By and by again, the morning sun will rise
But the darkness never goes from some mens eyes.
It strolls the sidewalks and it rolls the streets
Stalking turf, dividing up meat.
Nightmare spook, piece of heat, you and me, you and me.
Click, flashblade in ghetto night. rudies looking for a fight.
Rat cat alley roll them bones. need that cash to feed that jones
And the politicians throwing stones
Singing ashes, ashes all fall down.
Commissars and pin-striped bosses role the dice
Any way they fall guess who gets to pay the price.
Money green or proletarian gray, selling guns instead of food today.
So the kids they dance, they shake their bones
While the politicians throwing stones
Singing ashes, ashes all fall down.
Heartless powers try to tell us what to think
If the spirits sleeping, then the flesh is ink.
Historys page, it is thusly carved in stone
The futures here, we are it, we are on our own.
If the game is lost then were all the same
No one left to place or take the blame.
We will leave this place an empty stone
Or this shinning ball of blue we can call our home
So the kids they dance, they shake their bones
While the politicians are throwing stones
Singing ashes, ashes all fall down.
Shipping powders back and forth
Singing black goes south while white comes north
And the whole world full of petty wars
Singing I got mine and you got yours.
And the current fashions set the pace.
Lose your step, fall out of grace.
And the radical he rant and rage, singing someone got to turn the page
And the rich man in his summer home,
Singing just leave well enough alone
But his pants are down, his covers blown
And the politicians are throwing stones
So the kids they dance they shake their bones
Cause its all too clear were on our own
Picture a bright blue ball just spinning, spinning free
Its dizzying, the possibilities. ashes, ashes all fall down."

 The Grateful Dead 'Throwing Stones'

Is there light at the end of the America Bashing tunnel? Lets hope so, I am tired of people giving me shit for being American. I didn't vote for Bush, nor did ANYONE I know. Strange how that system works in the USA. Hoping Obama can clean up the fucking mess G. DUBBYA left behind. Pfft. 

Oasis sold out concert in Berlin

So glad I decided to come back to Berlin in time to see/massage Oasis. My flight, by the way, was HELL. Stupid me, went to airport in a rush, no food in belly and sat at a bar to check emails, felt guilty for not ordering anything and decided on a white wine. Tasted so good I had another. Barely made the flight (plane had closed its door) and once I got in and settled, that old "i'm gonna puke" feeling came to me. Plane was barely off the ground and I was yacking in the bathroom. I pretty much threw up every 30 minutes of the 8 hour flight. Took me a day to get over that but the jet lag is still here. But NOTHING would stop me from missing Oasis again (last time they played Berlin I missed my flight out of JFK airport, that's why I never use JFK anymore, I use Newark instead).

 

Anyways, it was SO FUCKING GREAT to see Liam and Noel again, haven't seen them for years. Noel, who I first met in 1993 when he was a guitar tech for a band I was massaging called the Inspiral Carpets , always says the same thing when he sees me "you used to have blonde hair, what happened?". LMFAO. I guess he loves blondes and when he first met me in 1993, I was indeed blonde. I have massaged them many times since 1993, but he still remembers that first time. So funny. In 1993 he kept coming into the massage room backstage at the Loft (name of venue) and kept saying "one day you will be massaging me, I will be a rock star soon". He wasn't fucking lyin that is for sho.

 

I always get a warm welcome when I walk backstage at a Oasis show as I wear my Man City foot ball jacket (which I got in 1994 when dating a Manc named Steve from Strettford (Manchester). The lads welcome me with open arms "that's a nice top that is" they say ๐Ÿ™‚

Liam is so fucking fun, I made him laugh so loud a few times, I love that. Making him CRACK UP is the bomb- his laugh is the best. Their new drummer, Chris Sharrock – who previously played with Liam's arch-rival Robbie Williams , remembered me from the last time he was in Berlin with Robbie.  Chris and Oasis is a great combo, he fits in perfectly and it couldn't have happened to a nicer guy. Chris is from Liverpool and says he is as big of a Beatles fan as I am. I burnt him George Harrison outtakes last time and mailed it to his home, this time I burnt the lads "Joe's Garage" a good starter kit for people who "have never head any Frank Zappa". I hope the listen to it on the bus and it doesn't end up in the trash or used as a beer mat. 

 

Liam is looking FINE ^ as ever. SCHWING! Noel looked gorgeous too, but I didn't take a picture, in fact, I am PISSED off at myself as I forgot my fucking camera AGAIN. This is the third time (Paul Weller, President of Georgia and tonight, Oasis). WTF. I am surely getting Alzheimers or am still drunk from the flight. FOOK!! So my Blackberry had to do. The pics come out shitty, but they are better than nothing. 

 Above and directly below: Not taken with Blackberry

 

Another band from Manchester, Twisted Wheel   . They have a rather Punk edge to their sound. They LOVE the Clash, Sex Pistols, Buzzcocks and Oasis. Drummer is hip to Zappa. The singer is only 22 years old so he didn't know much Zappa (not that young folks don't know Zappa, but most don't, especially the Brits. Not many Brits I meet know Zappa.) The singer/guitarist is the one to the far right. I am sandwiched between him and the Drummer, Adam, dark green shirt. The blonde is Rick, the bass player. How fucking cute are these guys? Massaging them was an absolute pleasure. sigh.

 

 

So there is their set list ^  Click HERE to see Oasis tour dates

x

ps. Before I drag my aching bones into bed with Pooh, I had a silly thought whilst out power walking today. The NYC/Berlin comparisons never stop in my brain, and I thought, that song by Frank Sinatra about New York "If you can make it there you'll make it, anywhere" would be like this if it was about Berlin "If you CAN'T make it there, you won't make it anywhere". SO fucking easy to make a living in Berlin. Rent is SUPER cheap. You can walk everywhere. Hardly any pressure here at all to make ends meet. Had to laugh. If you can't make it here, forget it. 

 

Ralf and the Hen

Ralph and the Hen

Ralph came home drunk one night, slid into bed beside his sleeping wife, and fell into a deep slumber.

He awoke before the Pearly Gates, where St.Peter said,

"You died in your sleep, Ralph."

Ralph was stunned.

"I'm dead? No, I can't be, I've got too much to live for. Send me back!"

St. Peter said, "I'm sorry, but there's only one way you can go back, and that is as a chicken."

Ralph was devastated, but begged St. Peter to send him to a farm near his home.

The next thing he knew, he was covered with feathers, clucking, and pecking the ground.

A rooster strolled past.

"So, you're the new hen, huh? How's your first day here?"

"Not bad." replied Ralph the hen, " but I have this strange feeling inside. Like I'm gonna explode!"

"You're ovulating" explained the rooster, ". obviously you've never laid an egg before.
Well, just relax and let it happen. It's no big deal." said the rooster.

Ralph did, and a few uncomfortable seconds later, out popped his first egg!

Ralph was overcome with emotion as he experienced motherhood.

He soon laid another egg — his joy was overwhelming.

As he was about to lay his third egg, he felt a smack on the back of his head, and heard his wife shout…..

"Dammit, Ralph! Wake up! You're shittin' in the bed!"


A grand night out

So it's been a while since I've seen my friend Jill. She is from London but her Mom was from Barbados. She has a sweet English accent and is a total rock chick. You may remember her from my Motorhead Blog . She lives in London but comes back to NYC often as she has a flat in Brooklyn. Anyways, even though she may not LOOK like a rocker, she is. Whenever we go out to karaoke, she sings Led Zepp or some other hard core rock band. She tells it like it is and I adore her. 

 

 

I WILL pass the scratch and sniff test.

 

"Every girl's crazy bout a sharp dressed man" ^

"she only comes out a night, The lean and hungry type
Nothing is new, Ive seen her here before
Watching and waiting
Shes sitting with you but her eyes are on the door….ooo wooo, here she 

comes, watch out boy, she'll chew you up, woooo oooh here she comes,

she's a man eater" 

 

Ok. let me explain who THAT^  is. I have been going to Iggy's karaoke bar for a few years and Mariam is a fixture in the joint. She never shows up until after midnight, when all guys are good and drunk and sure enough, this sugar mama scores every time. She absolutely LOVES my friend Jonesy, but it's been so long since he's been there (and his hair is darker now) she didn't even recognize him last time we went in to sing. She kept comin up to him saying "don't I know you?" and he tried to avoid eye contact as she really crowds him ALL night. He even had the DJ call him under his real name "Chris" so she wouldn't suspect that it was really him. heh heh. 

 

 

Jill on the mic. Sandwiched by two NYC men

 

I could not stop laughing at Jill giving Jacob (below)  shit for farting in my car. She was BRUTAL on the poor guy.

 

Looks better than he smells ^  Jacob, aka "Mr. Farty pants" 

 

Told Jacob to "get an enema to clean out your smelly rancid fucking ASS!" 

 

After karaoke we had an after hours party in my car. Burning herbs and incense to make my car smell nicer, and to TRY and combat our pal Jacob's GAS problem (which smelt like a year old bag of hard boiled eggs). Had we lit a match in my car, it would have surely exploded. He LOVES Led Zepp and Hendrix, as do Jill and I so it is fun hanging out and jammin with him but daaaaaaaaaaaaam. My eyes were watering from his smelly ass. I am starting to think this bout of Bronchitis I have wasn't triggered by jogging in the cold, but from inhaling his lethal gas. FUCK!! Yet another downside of going out to Irish pubs to sing karaoke. 

St. Patricks Day in NYC smells like a fuming compost heap of beans, beer and rotten eggs inside stinky socks by the way. Not for the faint of heart or people who have excellent sense of smell like me. Sorry if I am making your stomach turn, but you know how misery loves company…

 

I am working on a few more blogs since I am home sick so lets see how much I get done. Fucking bloody cold here in NYC, we got hammered by snow AGAIN. Mother Nature is on a rampage. I still hear Florida calling my name "Dot, come back, bake in the sun" but I also hear Berlin calling "Dot come back and freeze in the miserable below zero Berlin winter" ha ha. Oh the choices. 

 

 

Hooter and Greenway show

Staying home on a cold Friday night here in NYC as I have my sex columns due NOW and I am on antibiotics AGAIN. My lungs couldn't handle the 5 mile jog I did Sunday night before going out to karaoke (wild night of karaoke) with my friend Jill. I am sure inhaling all the put smoke in the karaoke bar didn't help. I was jogging my ass off down in FLA without any problems, I guess I have to quit jogging in the winter OR move down South.

 

Some buddies of mine have their own radio show called The Hooter and Greenway show and they have been waiting for about a year for me to pose in their shirt so I finally did it. I have a stack of t-shirts I am suppsoed to pose in, but I never think of doing it. Doesn't cross my mind. 

(you can see Pooh to the left of me, sniffing my armpit as usual)

 

I HOPE I get over this round of Bronchitis before I fly back to Berlin (within the next ten days). NOT looking forward to landing in Berlin this time as I head it is BELOW zero (it was 19 below the other night). OMFG. I have to go, lots to do over there. Lots to do everywhere for that matter. 

Gotten used to the USA way of life again, been here since August and there are some things here that are much easier than in Europe. You don't have to force a smile out of anyone, people are happy- rich or poor, they are still happier here. Making a living in NYC is much harder, but the mood is better in general. Gas prices are SUPER low now (filled my tank for $20 the other night). GREAT FOOD everywhere here. I gained 3 kilos since August (5 pounds?) but it seems the pounds went straight to my tits anyways, so I am not moaning. I will surely hate Berlin for the first few weeks, then I will grow to love it again and hate to leave. Never ending story! I would write more now but I have to do my sex columns. 

I have some fun pics from our Sunday night out and will load them later

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