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Sekhem - Withdrawal of Trademark and Copyright Permissions, and the Future of the Sekhem Association

 

 

 

 

 

This page was posted on 30th November 2007 to provide information about the withdrawal of trademark and copyright permissions for the energy taught by Helen Belôt and known as Sekhem and about the implications for the Sekhem Association based in Australia.

 

For visitors who have landed on this page from internet search and who are not familiar with the history of Helen Belôt’s Sekhem, it might be helpful to read other postings about Sekhem in the Information Centre on this website before reading this page.  The extracts from the www.sekhem.com site give the fullest summary of the history of Helen’s lineage. Please click on the header at the top of the page to go to the Information Centre.

 

This page has been reformatted in November 2009 as part of the restructuring of this website and is reproduced below exactly as it was published originally. At this date there had been no response from the European Union Trademarking Court regarding explanation of exactly what has been trademarked. The letters reproduced below were sent by signed for mail and were received by the EU authorities. The EU authorities have ignored them.  

 

I received an e-mail from Patrick Zeigler subsequent to the original publishing of the page below expressing surprise that I should support Helen Belôt’s lineage in this posting. There should be no reason for surprise. Helen Belôt’s Sekhem is not connected in any way with any energy that he experienced in the Great Pyramid nor is it in anyway connected with his current SKHM method of working with energy which involves channelling the energy of the universe, the energy of the planet beneath our feet, and the energies of the solar disc and ankh.  There is no connection between Helen Belôt’s Sekhem and Patrick Zeigler other than the fact that Helen Belôt’s Sekhem started to be channelled in further down the Seichim lineage from Patrick Zeigler.

 

I came under severe psychic attack for publishing below some of the truth about what was happening about the attacks on Helen’s Sekhem lineage. I had never before experienced such a torrent of energy being forced into me. There is real darkness that has been directed at Helen’s lineage and there are beings out there who do not wish for this energy to be recognised or to be worked with.

 

 

 

 

 

There is a lot of narrative on this page. The headers in blue at the top of the page give the main subject categories on this page. Please click on the headers to go direct to them if you want to avoid scrolling down this page.

 

The main categories are:

-     Background  -  a very brief introduction to some of the history behind the development of Sekhem.

-     Resignation from the Sekhem Association  -  Helen Belôt’s resignation from the Sekhem Association and the two statements about this that she has released.

-     The attacks on Helen Belôt’s Sekhem lineage  -   some of the problems experienced by the lineage from people who do not wish to recognise it.

-     Trademark position -  some of the issues relating to trademark rights that Helen Belot has title to and copies of some of my correspondence to the European Union Court which granted trademark rights. 

-     Copyright position  -  commentary relating to copyright issues.

-     Implications for people in my teaching line  -  some guidance on where I believe that we stand.

-     Implications for people not in my teaching line  -  some points which it might be helpful to consider.

-     The Sekhem Association  -  its current position.

-     The Future  -  some thoughts about the future.

 

 

 

 

 

Purpose of this page

 

The primary purpose of this page is to have standing information on this website for people who are downline in the Seichim and Sekhem teaching lines from myself. It is also helpful to have information available online for the wider Sekhem community as well.

 

There will be Sekhem Masters around the world working by themselves and not in contact with other Sekhem Masters. They are not likely to be in receipt of ongoing information about developments in the Sekhem community. They could be affected by legal issues arising from current developments.

 

By posting this statement on the internet where it is open for anybody to read, there is the risk that I am adding to a difficult situation. I apologise to anybody in the Sekhem community who would prefer that the matters referred to in this page are best kept private. I do need to be able to communicate with people in my teaching lines and with the people who helped me with information to oppose the trademark application in the European Union and who are awaiting clarity from the EU about what was trademarked.   

 

 

 

 

Background

 

The Australian Energy Master Helen Belôt gave the name Sekhem to an energy that started to be re-channelled in Australia. The word Sekhem is a derivative of an Ancient Egyptian word relating to energy and other people use the word Sekhem in similar but different contexts with energy work. Helen created the Sekhem Association in Australia as a kind of trade association intended to ensure that members were trained to an acceptable standard and so that the general public could have confidence in the quality of training offered by Sekhem Association Members. Helen has trademarked the word Sekhem in various ways with or without the well known Sekhem logo in Australia, the European Union, Hong Kong and the USA.

 

I learned Sekhem direct from Helen but have had no direct contact with Helen or the Sekhem Association since Autumn 1999. I opposed Helen’s application to trademark the word Sekhem within the European Union.

    

 

 

 

Helen Belôt’s resignation from the Sekhem Association

 

At the Annual General Meeting of the Sekhem Association in September 2007, Helen resigned from the Association and advised that she was withdrawing permissions to use trademarks in the territories where she is the trademark owner. She also advised that copyright permissions to reproduce her training material were being withdrawn. She has given notice of potential legal action against people who continue to use trademarks and copyrighted training material without prior permission.

      I have received from various people copies of the two official statements released by Helen. Apart from correcting a few spelling mistakes, the statements as received are reproduced below in blue.

 

 

STATEMENT ONE BY HELEN BELOT

 

Most of you will already know that I have resigned from the Sekhem Association and did so at the Annual General Meeting on September 16th 2007. The following is the statement I read out at the meeting stating why I had taken such a step.

 
To All Sekhem People.

 

To write the Annual Report last Sunday 9.9.2007 it was necessary to review the year and this brought greater knowledge and understanding of just how extensively negative changes had again infiltrated into the Sekhem membership.


To me Sekhem was a stepping stone to what I came to do and not the be all and end of my life despite the more than 20 years I have focused and worked with this energy. These last many months of attacks and difficulties have been a distraction and a diversion from my work I really need to be doing. This plus recent events, particular in Australia but in some other areas also, led to my decision to resign from the Association and take all the Intellectual Property I own with me. This in effect ends this Association as Helen Belot Sekhem is trademarked to me in more than one country.


Sekhem is the word I chose to represent this energy that has been released in a very pure form into this world. It is however just a name and the energy is still there as pure as ever. The restrictions on using the name and the logo will exist for the next 10 15 years for the trademarks are still in place and are personal to me. This does not in any way limit the energy. Those who channel this energy should search in their heart and with honesty ask themselves 'Have I contaminated, restricted or altered it in any way?' We will all have done so at some time, mostly by wanting a specific outcome for our clients, ourselves or even for the glory of Sekhem but it is still not being a pure and clear channel for the Will of the Higher Power. Only you, and possibly some of your clients, know where you stand in that regard so be honest in your self assessment.

 

There are people in this world to whom purity is seemingly an offence and so must be destroyed or smirched. Perhaps at some deep level they understand they will not or cannot archive or sustain a level even close to purity and so must smash or destroy always putting the blame on someone else. Jealousy also plays a role in such behaviour. Destroying the reputation of the person at the top is a classic way to increase these people's own self esteem and in belittling what they could not achieve convince themselves and others it was worthless anyway.

 

There have been many such challenges during my life and they always follow a similar pattern. It is to protect such destruction both personally and to Sekhem that I have chosen to withdraw the name from public use so reducing the target for those who do not want individuals or this world to become a better place. I would suggest that you find a different name for what you channel and continue to work with this energy to the very best of your ability and without ego. When working in that way the results will astound you as I have frequently said. Many of you have already called what you do by different names so find what reflects honestly what you do and is not just a marketing list of superlatives that mean nothing and can cause harm or at the least wrong expectations.


For those of you who have held to the high ideals, integrity and purity of this energy I thank you and honour you for how you have worked always for the highest good of your clients and the world. It is through people like you that in time this energy will re-surface under a different name and with a higher vibration.

 

Sekhem worldwide was moving towards a position of great strength and importance that focused negative attention from both on and off this planet. On the earth plane detractors and those who were jealousy of what Sekhem can achieve responded and intensified the attacks on all fronts. In the last month I had a lot of communication from supporters, detractors and those who are neutral and objective observers, and all had the same message that both Sekhem and myself were under severe attack from those I call the opposition. Meditating and seeking advise from many sources both within the Sekhem family and outside it the advice was always to protect myself and the perceptions of the general public about this energy. My decision may seem radical but I am assured as other measures had failed.

 

A quick after hours call to an Australian lawyer pointed out that with no exceptions to the trade marks it will be easy to police offenders. Those who continue to use the name or logo will leave themselves open to fines. The more frequent or repeated use would bring larger fines so it is in everyone's interest to change their cards, literature and websites as fast as possible but even more importantly so that they do not become the target for those who wish to destroy them and the reputation of this energy. It is unfortunate that the innocent always suffer the most in these circumstances but that is the way of the world at this moment.

 

My apologies to all for any inconvenience my withdrawal from the Association has caused but such drastic action was necessary to protect both the name of Sekhem and myself from denigration and future legal action.

 

The stock of Sekhem essences, elixirs, coloured bottles, creams and lotions I am selling off at half price for anyone who wants them. First come first serve for I will not be making more once these are gone. The Sekhem Story will also be half price. This offer ends on 15th November as on that date the credit machine will no longer be available.

 

Now I will move forward whole heartedly to complete the very important work I came to this incarnation to do. May you also move forward to your purpose with joy and fulfilment.

 

I thank you for all the good times shared and let us put the rest behind us.

 

Love and Blessings to you all

 

Helen

 

 

 

 

STATEMENT TWO BY HELEN BELOT

 

 
To Dispel Confusion

 


Trade marking is different in every country which is very confusing so to assist let me set out the do’s and don'ts as clearly as possible.

 


The Sekhem Logo
No one any where in the world can use this logo except myself. If you have a silver of gold medallion then certainly wear it with pride for they are made under license and hold pure energy of Sekhem. These will continue to be available.

 


The Word Sekhem
No one in the EU countries (which of course includes the UK), Hong Kong or China can use this word on matter how it is written, upper case, lower case or in any combination.
That of course means you have to find a new name for what you teach.
Teachers need to alter the manuals to reflect that what they are teaching had its origins in Sekhem but is now.....( Your name for it)
In Australia the word was not trade marked separately so Sekhem can continue to be used but the logo cannot be used under any circumstances.
Those who teach in other countries not covered by the trade marks have a choice but must inform their students of the restrictions in other parts of the world to protect them.

 


Groups
If people are still wanting to form groups or some type of Association then certainly go ahead but there must be no mention of the word Sekhem or my name included in the title or description of the type of energy it represents or uses. The exception to that is Australia.

 


The Start Up Procedure
This is entirely up to the individual but my advise would be to continue to ask for the purest Sekhem energy as to do anything else will bring a difference in the energy.

 
As not everyone who learns Sekhem belongs to the Association or is a current member would each of you please pass on the knowledge of these restrictions to your friends or others you know who have done Sekhem. Masters it is your responsibility to notify your students so that all may know and adhere to these restrictions

 
I actually see these changes as being very liberating. The energy is still in existence and in its pure form.. Ultimately those who use this energy with purity of intent and integrity will bring it back at a higher vibration and under a different name or names. Where ever I am I will support these people.

 


Best wishes to you all

 


Helen

 

 

Helen’s statements have clearly not been drafted by legal professionals because they lack the preciseness needed in reference back to law and to legal title. However, the spirit of what Helen is trying to say is all permissions to use name and / or logo as appropriate in those territories where she holds trademark rights are withdrawn.       

 

When Helen refers to the risk of legal action, I do not know if she means that she would initiate legal action against other people or whether she thought that she would be a defendant in legal action taken against her.

 

 

 

 

The Attacks on Helen Belôt’s Sekhem Lineage

 

As I have not been a member of the Sekhem Association and have not been in contact with Sekhem Association Members, I do not know what internal difficulties have been experienced within the Sekhem Association.

 

Regarding Sekhem related matters external to the Sekhem Association, it has been clear to me that there has been an ongoing and sustained attack against Helen Belôt’s Sekhem lineage for some time from those who wish claim that her Sekhem is just a slight variation on the Seichim that she learned earlier and who wish to claim that she has just repackaged Seichim with a different wrapper in a marketing ploy to give her some competitive advantage in the market place.  Every time that I have posted up something relating to Seichim or Sekhem on my website, I have received communications trying to restrict the meaning of what I have said and to control what I say. That has included telling me that Seichim and Sekhem are the same energy. Well, I was there at my initiations and know that they are not the same energy.  

 

Some of the internet forum sites give a clear idea of what has been going on in public. Less publicly, numerous e-mails have flying around the world regarding the reintroduction of Helen’s Sekhem energy with copies of correspondence and extracts from Helen’s original training manuals referred to out of context. Also, there has been an ongoing flow of leaks from some members of the Sekhem Association to those who have been undermining the lineage.    

 

So that a more balanced view of the reintroduction of Helen’s Sekhem can be made available to the healing community, I acquired the web domain www.sekhem.com in July 2007 and in the early part of 2008 will post up as much factual information as I can including some of the material submitted in opposition to Trademarking Applications in the USA and the European Union. This website will always appear at the top of the internet search engine results when it has been relaunched and will be safe for as long as I am still alive from the people who have been trying to spin and to manipulate the truth about the reintroduction of Helen’s Sekhem energy and to airbrush it from history.

 

 

 

 

Trademark position

 

Other pages on this website give the position regarding trademark rights over the Sekhem logo and name in Australia, the European Union, Hong Kong and the USA.   

 

In the case of the European Union, it is clear that Helen and I have a different interpretation of what the EU has granted trademark approval for. As I have no wish to break the law, I have now written three times to the EU Court that heard my opposition to Helen’s application to trademark. My letters to the Court are reproduced below in blue together with the last letter I wrote to the Court whilst opposition proceedings were underway.  When I receive a response, I shall let people know accordingly. In the light of Helen’s resignation and statements, the matter of exactly what the EU Court gave trademark rights to is of pivotal importance.  

 

 

Letter to EU Court dated 5th October 2004

 

I am responding to your letter dated 29th July 2004 which was posted out from your offices on 3rd August.

 

I had made application for prior right to use the word Sekhem on the basis that I had been using it before the date of Helen Belot’s application to trademark it. If the European Union will not accept that I had a right prior to the date of application to trademark, I will not appeal against this.

 

However, I would like to make a number of observations.

 

In my initial opposition papers, I advised that other people had been using the word Sekhem within the teaching line of which Helen Belot is part prior to her being able to teach Sekhem. I shall send a Statutory Declaration to that effect from one of Helen Belot’s teachers in Australia confirming this. I have already submitted confirmation of this from Patrick Zeigler, Head of Seichim Lineage, in my initial opposition papers, and enclose the same again in Appendix 1. I would ask the European Union to note this situation and to take into account when making decision upon the application to trademark. Sekhem is a word that has been in the international public domain for a long time……………

 

I would ask the European Union to reject the application to trademark on absolute grounds. There is lack of distinctiveness for what Helen Belot is trying to trademark. The word Sekhem is well established in the public domain within the European Union, and writing it in capital (upper case) letters does not give enough distinctiveness to support it being trademarked. In my initial opposition papers, I gave many examples of the use of the word Sekhem within the European Union. Today, I send some more. As far as possible, I have tried not to repeat the examples which I submitted previously. Please note that I am providing over 100 examples of the use of the word Sekhem within the healthcare sector in the United Kingdom, with some further examples from continental Europe. (I include website addresses from which my evidence has been obtained. Please note that the papers are not stapled together to facilitate easy photocopying and can fall easily out of the plastic sleeves. I enclose a CD copy of the all files linked to this communication.)

 

I would also make comment that Helen Belot was aware that other people were using the word Sekhem in contexts similar to that which she uses it when she made application to trademark in the European Union. Those people include Diane Shewmaker who opposed the application to trademark within the USA. Helen Belot is also aware that her Seichim Head of Lineage, Patrick Zeigler, and his students use the word Sekhem within the European Union. …………………………………... Evidence that Helen Belot is aware that other people such as Diane Shewmaker and Patrick Zeigler use the word Sekhem …………….comes from Helen Belot’s website itself - http://www.sekhem.org/sekhem.htm . The list of people below refers to other healing professionals who use the word Sekhem in the context of healing systems but which are not of the Helen Belot system. ………….Patrick Zeigler, Diane Shumacher (incorrect spelling), Simon Treselyan and Amon-Ra Antares all have taught / do teach and practice Sekhem within the European Union and their teaching is carried further within the European Union by their students. I submit, therefore, that …………..these people will be affected by her application to trademark and I ask with respect that the European Union takes this into account when deciding upon the trademarking application. These people will not be able to continue with their teaching and practice of Sekhem if the application to trademark is accepted.

 

 

**********************

Not Trained in this System

Also to assist in your choice of Teacher the following are not recognised by Helen Belot  or the Sekhem Association as Masters of the original Sekhem system

 ►  Vicki Fein

 ►  Margo (Deepa) Slater

 ►   Patrick Ziegler

 ►  Diane Schumaker

 ►  Simon Treselyan

 ►  Chris Heath

 ►  Amon-Ra Antares

*********************

I would also like to suggest to the European Union that Helen Belot’s forward work programme linked to Sekhem within the European Union is disclosed. I have given numerous examples of the use of the word Sekhem. If Helen Belot does not intend to visit the European Union regularly from Australia to teach and to practice, the granting of the trademark to one single non-European Union person who uses it in a limited capacity will impact upon the many people who I have showed do use the word Sekhem regularly in their work within the European Union.

I would be pleased if you could advise me in due course about the outcome of the application to trademark.

 

 

 

 

Letter to EU Court dated 2nd May 2006

 

I am writing in connection with the trademarking of SEKHEM.

 

There is some confusion in England about exactly what has been trademarked.

 

My understanding is that

-     The word SEKHEM written in upper case (capital) letters has been given trademark status for product classes 03, 33 and 42.

-     The word SEKHEM written in upper case (capital) letters has not been given trademark status for any product classes outside of classes 03, 33 and 42.

-     The word SEKHEM does not have trademark status if not written with every letter in upper case (capital) letters. For example, the presentation of the word as Sekhem or SeKhem is not covered by the trademark in any product class including product classes 03, 33 and 42.

-     The logo shown below has not been given trademark status.

 

It would be helpful if you could confirm that my understanding is correct or if you could correct me if I have not understood correctly.

 

 

 

 

 

 

 

 

 

 

 

 

 

Letter to EU Court dated 7th  April 2007

 

I am writing in connection with my letter to you dated 2nd May 2006.

 

I have not received a reply and the situation regarding exactly what has been trademarked is of concern.

 

The following is a selection of current websites where people are saying either that the Sekhem logo or the word Sekhem not written in uppercase letters are trademarked.

 

http://www.psychicsahar.com/artman/publish/article_264.shtml

http://www.hypno-sekhem.com/leaflet1.htm

http://www.sheilacaldwell.co.uk/sekhem.html

http://www.complementary-therapy.com/

http://xandran.pwp.blueyonder.co.uk/sekhem.html

http://krysalistraining.com/index.html

 

People associated with the trademark owner are telling people that ‘Sekhem’ has been trademarked and are asking them not to use this word.

 

I would appreciate it therefore if you could be kind enough to advise in accordance with my letter of May last year.

 

 

 

 

 

Letter to EU Court dated 25th November 2007

 

I am writing in connection with my letters to you dated 2nd May 2006 and 7th April 2007.

 

I have not received a reply to either letter and the situation regarding exactly what has been trademarked is of concern.

 

I am writing today on three accounts.

 

Trademarking of the Sekhem logo

In response to my comments about wishing to oppose any application to trademark the Sekhem logo when I first filed papers opposing the application to trademark the word Sekhem, your offices advised that there was no application to trademark the logo. I have discovered subsequently that an application to trademark the logo was made separately and that the EU has granted trademark rights to the logo. The logo trademark registration number is 002006773. Whilst the EU Court would most likely have made the same judgement about my opposition to trademark the logo as for my opposition to trademark the word Sekhem, I would like to make the point that it is reasonable for me to expect that if I ask the Court for information during legal proceedings that the Court will give me the correct information.

 

As trademark rights have been given to the logo, comments made in my two previous letters regarding the logo are no longer relevant and can be ignored.

 

Trademarking of the word Sekhem

It is important to know whether my interpretation that trademark rights have been given for the word Sekhem when written in capital (upper case) letters only is correct or whether the intention of the Court was that trademark rights were to be given to the word in any combination of upper and lower case letters. Could you please advise on this.

 

Absolute Grounds    

The European Union trademark legislation gives your office the responsibility to research the use of any word or logo which is the subject of an application to trademark with the intention that words or logos that you find are already used widely in the public domain cannot be trademarked. I gave your office many examples of the way in which the word Sekhem was being used around the various countries within the European Union in contexts that were directly relevant to Product Category Class 42. Could you please advise why the European Union did not find that these submissions were sufficient to refuse application to trademark the word Sekhem in Class 42 on absolute grounds.

 

 

It does not reflect well upon the Court when correspondence is not replied to and I would appreciate it if you could be kind enough to ensure that this third time I do receive a reply to my enquiries.

 

 

 

Copyright Position

 

The law regarding copyright of material such as written works is different to that concerned with granting trademark approvals and the remedies for dealing with breaches of trademark law. 

 

As a very broad generalisation, most countries in the world do not have any formal authorisation or registration system for copyright. As a generalisation, it is usually sufficient for the owner of written work to indicate that he or she wishes to exercise copyright ownership for copyright ownership then to exist in law. There can be exceptions to this in different parts of the world where for example it can be acceptable to reproduce copyrighted work for educational purposes and in which no commercial transaction takes place.

 

An international treaty known as the Berne Convention seeks to establish a uniform approach to copyright law across those countries which have signed up to the Convention. The Berne Convention is administered by the World Intellectual Property Organisation. You can get some idea of what this is about by visiting the following webpages: http://www.wipo.int/copyright/en/,  http://www.wipo.int/treaties/en/ip/wct/trtdocs_wo033.html and http://www.wipo.int/treaties/en/ip/wct/index.html

 

Unless there are any contractual arrangements to the contrary, copyright owners can restrict the use of copyright material.

 

 

 

Implications for people in my teaching line 

 

There are two sets of issues that relate to people in my teaching line in connection with using the word Sekhem, the Sekhem logo and Helen’s teaching material.   

 

The first is that I usually write the word as Sekhem and not SEKHEM. If my interpretation of what the EU gave trademark rights to is correct,  then there should be no problem writing the word as Sekhem subject to the rules on ‘passing of’.

 

There is a legal concept in trademarking law called ‘passing off’. This means using very similar names or logos for products and services for which there is already a registed trademark. For example, we are all familiar with the trademarked Coca-Cola logo. If another cola manufacturer chose to bottle the drink in similarly shaped bottles and with a similarly designed logo but just changing the name slightly to Coca-Kola, in law this would be seen as an attempt to copy the Coca-Cola product and to ‘pass it off’ as the Coca-Cola product.

 

To ensure that rules on ‘passing off’ are not broken, it would be advisable for people in my teaching line to make it clear at all times that they are working with Helen’s system as at Autumn 1999 and that they are not working with her most recent system. 

 

The second is that as far as I am concerned I have a contractual right to work with everything connected with Helen’s Sekhem as it was at the time of learning with her, irrespective of what has been trademarked or what Helen would like to treat as copyrighted material. At the time of transaction, Helen agreed that all her training material, names, logos, etc., could be used by myself and everybody down in the teaching lines beneath myself. No restrictions or conditions were imposed. I have a business background and my questions to Helen were specifically designed to ensure clarity on this matter. If there is a problem with this, also as indicated previously I would like this matter to be heard in an English Court so that the correct determination may be given in accordance with English Law. There is absolutely no question that I would not wish for the matter to be heard in Court. The English legal system will hear the case in a way that is fair to both sides in accordance with the relevant aspects of English Law and will give a fair determination. 

 

For anybody in the teaching lines beneath me affected by the current situation, it will be necessary for them to be teaching Helen’s system as at Autumn 1999 unchanged to seek refuge under any contractual rights which I believe that I have. If Helen’s system has been changed, then they will not be teaching Helen’s system and will have no rights. In the European Union, this affects people in Eastern Europe who have been told that they are downline in the teaching line from myself and who have been taught something that has lost some of Helen’s original Sekhem symbols, has gained some new Sekhem symbols and has also acquired symbols from Kathleen Milner’s Seichem system. This system is not what Helen taught and was passed on by myself and cannot be claimed to be in my teaching line. In the USA, people who have fallen for the line that Seichim and Sekhem are the same and do not have the sensory perception to feel the difference between the two are likely not to be teaching what came from Helen through me. This will be particularly relevant where all the training manuals have not been passed down the teaching lines. Sekhmet has indicated that there is a problem with fragmentation in some parts of the Sekhem teaching lines downline from myself in the USA because people have not challenged the ongoing comments from some people that Seichim and Helen’s Sekhem are the same and because they have allowed their minds to influence perceptions accordingly.

 

If anybody in the teaching lines underneath me gets into legal difficulty with Sekhem, I would be happy to provide statements regarding events when I learned from Helen which may be used in any legal proceedings.  In England we have the notary system. Please click here for a simple overview. I can provide a statement witnessed and signed by a notary. The notary will wish for me to provide evidence of who I am and the notary’s stamp on any statement will confirm that the statement genuinely comes from myself and that I am who I say I am. Some notaries are also Commissioners of Oaths and I can also arrange alternatively for a sworn statement to be produced and signed by a Commissioner of Oaths which would be acceptable in English Court proceedings. I would have to ask that anybody needing a statement reimburses me for the expenses involved. Payment from overseas can be made into my PayPal account.          

 

 

 

Implications for people not in my teaching line 

 

The implications for people not in my teaching line might be quite severe. The advantage of working under the Sekhem brand has gone, there will be time lost rewriting publicity and training material, and it could be some time before a brand can be developed around what new name you call Helen’s energy by. In the case of some Sekhem Masters, there could be a serious loss of earnings resulting from Helen’s decisions.

 

If anybody is not happy at following Helen’s directives, then trademarking and copyright law is not likely to be the only law applicable to the present situation.

 

Given that I am not a legal expert and given that Helen’s directives apply to people living in many different countries around the world, local legal advice should be sought. Potentially, a number of areas of law could be applicable to the situation where they exist in different countries.

 

The starting point is to establish is what legislative jurisdictions cover contractual agreements with Helen. In simple language, this is a question of establishing whether contractual agreements are based upon Australian law or your local law. If this matter has never been made clear, then by default local national law might apply. 

 

The nature of the contracts in your teaching line between Helen and the people that she has taught directly as Head of Lineage should be examined. If these contracts were entered in to before any trademarking rights were granted, it might be possible that the nature of any contract rights being passed down the lineage would take precedence over later trademark rights. It might not be necessary for there to be written contracts in the case of dispute. Local Courts might have the power in law to work out what the essence of the agreement was meant to be based upon custom and practice in the sector and then to determine the rights and responsibilities of parties to the contracts.   

 

If the contracts were entered into after trademark rights were granted, any licence agreements should be reviewed against any local unfair contracts legislation or related legal principles that have status in local law. Writing something in to a licence agreement does not necessarily mean that it can be relied upon as defence in the case of dispute if it is not compliant with local law or principles.         

 

Individual Sekhem Masters within teaching lines could also have liability in law if the contractual agreements at the top of the teaching lines with Helen have not been replicated adequately down the teaching lines between Masters and students.   

 

In the event of legal dispute, it might be possible for Sekhem people to claim for consequential loss as a result of Helen’s decision. This would cover loss of earnings because the Sekhem name can no longer be used and used as a brand name, the cost of destroying old publicity material and the cost of developing new publicity material design templates, the cost of getting websites changed, etc..

 

Many legal systems have a concept of duty of care. Quite simply, this means that in business transactions the different parties have responsibilities to each other. In the case of any difficulties the concept of duty of care means that every action should be taken to minimise any losses to the other parties. 

 

 

 

The Sekhem Association

 

There is no announcement on the Sekhem Association website about Helen’s resignation or about her comments about the ending of the Sekhem Association. If anybody would like any official comment on this matter I would suggest that they make enquiries direct to the Sekhem Association. 

 

 

 

The Future

 

We are now clearly in unprecedented territory within the healing sector with the closing down of Helen’s Sekhem lineage. Not only have innocent people uninvolved with the politics and other conflicts been abandoned but they have now to deal with their former Head of Lineage raising the spectre of legal action against them if they continue to use the name and training materials which they paid to use. As far as I am aware there has been no other situation in the sector where potentially the ability of some healers to earn their living has been so affected.      

 

We are suffering from a lock down of the Sekhem energy due to the trademark situation and due to the ongoing attacks from the people who do not want to recognise that Helen was working with an energy different to Seichim. The best thing I can suggest to people is that they remember to hold their own personal space and to keep working with the Sekhem energy. Helen’s Sekhem energy is here for a reason and Sekhmet wants it to be here. She is the Divine Head of Lineage for this energy. There is no other living human Head of Lineage above Helen in the lineage for this energy. It is to Sekhmet that we need to look towards for support and to find ways to break the energy locks. If we keep talking to her, I am sure that in due course there will be intervention when appropriate.

 

At this stage, the only constructive action that I can take is to continue to try to get a response from the European Trademark Court about what it intended to give trademark rights to. As soon as I have something, I will let people know.

 

 

 

 

Anyway, sorry to have to break such bad news.

 

 

 

 

Date of posting : 30th November 2007

 

 

 

 

 

 

 

 

 

 

 

 

 

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