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The Colonel Sanders Collection

During library tours, there's usually a collective chuckle on Level 2 when groups pass by the call numbers beginning with KFC—the prefix for library materials about the law of California, Connecticut and Colorado. Blame the Library of Congress, whose classification system has forever linked the law of these states with the popular fast-food restaurant. But as the Goodson Blogson recently discovered, there’s another KFC connection buried in the Archives on Level 1—a mysterious box full of files about Kentucky Fried Chicken trademarks and service marks (click for enlarged image). As the catalog record suggests, these folders contain copies of file wrappers , the contents of files at the U.S. Patent and Trademark Office related to a particular patent, trademark or service mark. The file wrappers contain the original application, as well as any subsequent correspondence about the application. Although some of these same documents are available online through the USPTO (search TESS...

"Working Stiffs"

Last night, 60 Minutes aired a fascinating segment about Mark Roesler, an intellectual property lawyer who made his career by representing dead celebrities (or as correspondent Steve Kroft rather tastelessly calls them, "working stiffs"). Roesler’s Indianapolis-based company CMG Worldwide manages and licenses the likenesses of Marilyn Monroe, James Dean, Bettie Page, and Babe Ruth, to name just a few. ( read transcript ) Roesler’s work falls under a section of intellectual property law called the postmortem right of publicity . It’s an area of law that can elicit strong emotions from fans, particularly when dead celebrities’ images are used to endorse products that the celebrity would likely have not endorsed during life. (Sure, manly-man Steve McQueen might not mind starring in a postmortem ad for Ford Mustangs , but would he really have wanted his face adorning a $200 t-shirt from Dolce & Gabbana ?) There has been a wealth of interesting case law on the topic, involv...

A New Twist in Government Transparency

Earlier this month, the White House announced that for the first time in history, its visitor log will be made available to the public on a rolling 90-day delay. The automatic publication will begin with visits after September 15, which will be published by December 31, 2009; records of visits dating from the Obama inauguration to September 15 may now be requested on a case-by-case basis at http://www.whitehouse.gov/RequestVisitorRecords/ . The reversal comes after several lawsuits from advocacy groups, which sought information on visits by a number of health care industry executives. The Obama administration agreed to the “voluntary” disclosure policy in order to settle the lawsuits, but maintains the historical White House position that release of the visitor logs is not actually required under the Freedom of Information Act. (Presidents Bill Clinton and George W. Bush also resisted the release of visitor records during their time in office, and both relented only after legal pressu...

What Did the Facebook Page Say to the Bar Examiner?

What did the Facebook page say to the bar examiner? Maybe more than you intended. Earlier this month, the Florida Board of Bar Examiners made waves by announcing that it will investigate the social networking profiles of applicants on a case-by-case basis . (This policy replaced a previous recommendation, which would have required all Florida bar applicants to submit a list of their social networking pages for review.) Will this policy lead other state bar examiners to follow suit? Only time will tell; for now, set those photo albums and status updates to "private". Don't be lulled into a false sense of security after the character & fitness review is complete. Yesterday the New York Times ran a fascinating story about practicing attorneys who have been disciplined for the content of their Facebook profiles and blog posts , including a Florida attorney who was sanctioned for referring to the judge in his case as an "Evil, Unfair Witch." Another attorney in...