Kentucky Colonel News—News for Kentucky Colonels

Facebook's Kentucky Colonel Conundrum

webmaster@kycolonelcy.us (Hon. David J. Wright) — Tue, 28 Jan 2025 12:00:00 +0000

Case Study in Trademark Misuse, Bullying, Censorship, and the Public Domain in the Social Media

Introduction: This article examines a recent case of online censorship involving Facebook, the Honorable Order of Kentucky Colonels (HOKC), and author, Hon. David J. Wright, a Kentucky Colonel engaged in a protracted legal dispute with the HOKC. The case highlights the complex interplay between trademark law, the First Amendment, and the public domain, exposing how misleading legal tactics and corporate overreach can stifle free speech, impact society, distort history, and result in the seizure of significant intellectual property causing damage to thousands of members engaged in a civil society association organized using social media platforms.

Col. David Wright challenges the authority of the HOKC with reprinting the Kentucky Colonels Handbook from 1930 proving they were not the first, are not original and do not need or deserve trademark protection from the USPTO. Col. Wright alleges that they misled the USPTO to get the term "Kentucky Colonels" trademarked unlawfully concealing known information starting in 2003.

The Kentucky Colonel Controversy

The Kentucky Colonel title, an honorary commission bestowed by the Governor of Kentucky, has been the subject of ongoing contention between the HOKC, a private non-profit organization, and Col. David Wright with various individuals and groups who contest the HOKC's claims of authority, exclusivity, and challenge its dubious origin story which has caused historical revisionism. The HOKC asserts that the title originated in 1813, while others, including Col. Wright the original author of a "Kentucky Colonels" website in 1998, prior to the HOKC appearing online, argue for an earlier origin dating back to the late 18th century, citing the presence of Colonel Daniel Boone and twelve other Colonels at the founding of the Transylvania Colony in 1775, which became Kentucky the following year.

This disagreement escalated into a legal battle when the HOKC filed a lawsuit against the author and his association, Kentucky Colonels International, alleging trademark infringement, cybersquatting, and unfair competition in 2020. While the HOKC holds trademarks for specific commercial uses of the term "Kentucky Colonels," an Agreed Injunction explicitly permits non-commercial use for descriptive, educational, and informative purposes. This distinction is crucial, as it underscores the HOKC's attempts to control the narrative and limit the use of a term that unquestionably belongs to the public domain.

The Facebook Suspension and Seizure of Intellectual Property

The present controversy arose when the author made Facebook posts challenging the HOKC's narrative and asserting the historical accuracy of an alternative origin story. These posts, which were garnering significant attention, prompted the HOKC's legal counsel, the Wyatt Firm, to file a complaint with Facebook, alleging that the post violated the HOKC's trademark rights.

Facebook, acting on this complaint, not only suspended the author's personal account but also seized control of two, possibly three, Facebook groups, five Facebook pages, and the author's public figure profile. This action effectively silenced the author's voice, prevented him from engaging in further discussion about the Kentucky Colonel title, from organizing, and resulted in the loss of 18 years' worth of accumulated intellectual property. This sweeping seizure of digital assets, based on a misleading and incomplete representation of the legal dispute, raises serious concerns about censorship, corporate overreach, and the disproportionate impact of intellectual property claims on online platforms. It is clear that Facebook was defrauded with a sophisticated strategic legal maneuver to chill the author's rights.

Misleading Legal Tactics and the Misrepresentation of the Injunction

The Wyatt Firm's complaint to Facebook failed to disclose crucial facts about the ongoing legal dispute. Firstly, it omitted the fact that the matter is currently under appeal in the US Circuit Court of Appeals, implying a finality that does not exist. Secondly, it misrepresented the scope of the injunction, neglecting to mention the explicit provision allowing for non-commercial use of the term "Kentucky Colonel." Thirdly, it failed to acknowledge Col. Wright as a 29 year member of the HOKC.

This deliberate omission of crucial information misled Facebook into believing that the author's post and online activities constituted a violation of the HOKC's trademark rights, when in fact, they fell within the permissible boundaries of the injunction. This manipulation of information undermines the integrity of the legal process and allows a private entity to exert undue influence over a platform that serves as a vital space for public discourse and community building. Finally if the other points of Wright's defensive position fail, he deserves immunity from the court as a whistleblower since he was a member and has affirmed agreements between himself and the HOKC previously.

First Amendment Violations and the Suppression of Free Speech

The author's Facebook activities, including his recent post, his engagement in Kentucky Colonel groups, and his management of pages dedicated to the history and traditions of the title, are all protected speech under the First Amendment. They contribute to a broader conversation about Kentucky's heritage, challenge the dominant narrative propagated by the HOKC, and foster a sense of community among Kentucky Colonels.

By suspending the author's account and seizing his intellectual property based on a misleading complaint, Facebook is effectively stifling free speech, preventing the dissemination of alternative viewpoints, and disrupting online communities. This action sets a dangerous precedent, whereby powerful entities can leverage legal processes and corporate influence to silence dissenting voices, control online narratives, and confiscate digital assets.

The Public Domain and the "Honorable Order of Kentucky Colonels"

Adding another layer of complexity to this case is the public domain status of the phrase "Honorable Order of Kentucky Colonels." As established earlier, this phrase, created by a government official, is ineligible for trademark protection due to its lack of originality and descriptive nature.

This further weakens the HOKC's claims and casts doubt on the legitimacy of their complaint to Facebook. By acting on this dubious complaint, Facebook is not only violating the author's First Amendment rights but also contributing to the suppression of a term that rightfully belongs to the public.

Fair Use and the Kentucky Colonels Handbook

The author's engagement with the Kentucky Colonels Handbook, set to enter the public domain in 2025, also raises questions of fair use. Even if the handbook were still under copyright, the author's use of its content for educational and informative purposes would likely fall under fair use, further invalidating the HOKC's attempts to restrict his speech.

The doctrine of fair use allows for the limited use of copyrighted material without permission from the copyright holder for purposes such as scholarship, research, criticism, commentary, or news reporting. The author's activities clearly fall within these parameters, reinforcing his right to utilize and discuss the contents of the handbook. Copyright is a legal concept that grants the creator of a work exclusive rights to control how that work is used and distributed. This can include literary, artistic, musical, or other types of creative works. Copyright protection is automatic and does not require registration, although registering a copyright can provide additional legal protections.

The Disproportionate Impact on Intellectual Property

The seizure of the author's Facebook groups, pages, and profile represents a significant loss of intellectual property. These digital assets, cultivated over 18 years, represent not only the author's personal investment of time and effort but also the collective knowledge and contributions of the online communities he fostered.

This case highlights the vulnerability of digital creators and online communities to intellectual property claims, even when those claims are based on misleading or inaccurate information. The disproportionate impact of such seizures can have a chilling effect on free speech and discourage individuals from engaging in online discourse, particularly on controversial topics.

Conclusion: A Call for Transparency and Accountability

This case serves as a stark reminder of the challenges to free speech in the digital age. It highlights the power of corporations to influence online discourse, the vulnerability of digital creators to intellectual property claims, and the need for greater transparency and accountability in content moderation practices.

Facebook's uncritical acceptance of the HOKC's misleading complaint and subsequent seizure of the author's digital assets demonstrate a troubling disregard for the principles of free speech, the public domain, and the protection of intellectual property. This incident underscores the need for platforms like Facebook to adopt more robust safeguards against censorship, manipulation by powerful interests, and the disproportionate enforcement of intellectual property claims.

The author's experience is a cautionary tale for all who engage in online discourse, particularly those who challenge established narratives or critique powerful entities. It is a call for vigilance in defending digital rights and a reminder that the fight for free speech is an ongoing battle that requires constant attention and advocacy.

By raising awareness of these issues and demanding greater accountability from tech giants, we can work towards a digital landscape that fosters free expression, protects the public domain, safeguards intellectual property rights, and ensures that online platforms remain spaces for open dialogue and the exchange of ideas.

Can US Judges be Kentucky Colonels?

webmaster@kycolonelcy.us (Hon. David J. Wright) — Wed, 01 Jan 2025 13:48:00 +0000

Supreme Court: HOKC, Inc. v. Col. David Wright, et. al.

The following represents an independent judicial perspective on a case that underscores the misuse of corporate legal mechanisms to suppress free speech and the shadowy commercial monopolization of a public-domain title by a charitable corporation, "Kentucky Colonel" based on manipulating a historical account resulting in revisionism and the creation of a false designation of origin violating 15 U.S. Code § 1125 which protects the iconic historical title from serving as a trademark.

This analysis draws from historical precedent, constitutional protections, and the intrinsic role of Kentucky colonels as goodwill ambassadors, storytellers, and tourist attractions for the Commonwealth. It is an important case because thousands of judges, elected officials, artists, celebrities, and most presidents are also afforded the title of the Kentucky Colonel that do not directly acknowledge or credit the Honorable Order of Kentucky Colonels, Inc. for their good fortune to be appointed and commissioned. This transparent and unbiased perspective and opinion is hereby submitted 'Anonymously' by a Federal Judge who is a Kentucky Colonel and has reviewed the case(s); it should be offered for consideration in jurisprudence.

If I were not Anonymous I could not offer my opinion, or speak out. -US Judge, Kentucky Colonel

Context and Origins of the Dispute

In January 2020, Colonel David Wright initiated negotiations with the Board of the Honorable Order of Kentucky Colonels, Inc. (HOKC) for a potential merger of his independent efforts with theirs. This proposal, which included Wright joining their staff after 23 years of voluntary service, was submitted to the court as sealed evidence, so perhaps it was never read. Despite this, in February 2020, the HOKC, represented by Mr. Cornelius "Corky" Coryell of the Wyatt Firm, filed a lawsuit against Wright.

The legal action was retaliatory, it targeted Wright's exercise of free speech and advocacy, including:

Contacting the Governor of Kentucky about concerns with the HOKC and the nomination procedures' flaws which he identified under Governor Bevin.
Sharing Kentucky Colonel history, news, stories, and advocacy through blogs, social media, television, and newspapers.
Mobilizing Kentucky Colonels to form an international collective based on historical traditions of goodwill ambassadorship, promoting tourism development and civilian officer diplomacy.

Rather than fostering dialogue, the HOKC filed for three new trademarks for "KENTUCKY COLONELS" and initiated a 1,000-page Strategic Lawsuit Against Public Participation (SLAPP) against Wright, seeking over $1 million in damages. This legal strategy sought to monopolize the title "Kentucky Colonel," a public-domain term intertwined and rooted deeply in 18th and 19th-century state heritage and national history. Despite Wright's affirmative defenses, counter-claims and sources predating the HOKC's existence, the court ignored his pro-se motions with deference upholding the HOKC case.

Judicial Actions and Bias: An Overview

Initial Proceedings

The original judge recused himself due to his status as a Kentucky Colonel.
The newly assigned judge issued a Temporary Restraining Order (TRO) within seven days, restricting Wright’s speech without thorough review of his affidavit.
A hearing was held without fully considering Wright's defense, leading to an extended TRO and the judge's subsequent recusal for undisclosed reasons.
A new Judge took over the case and refused to hear Col. Wright's Answer and Affirmative Defenses in due process after placing a Preliminary Injunction.

Ignored Precedents and Defenses

Key legal precedents, such as HOKC, Inc. v. Building Champions, LLC, which affirmed the basketball team's use of "Kentucky Colonels," were overlooked. Wright’s constitutional defenses and historical references were also dismissed without review, most likely because of his pro-se status.

Magistrate Court and Settlement

The case was transferred to Magistrate Court, where Wright, representing himself, filed numerous motions and evidence that went largely unreviewed. During a confidential settlement conference in December 2020, the parties reached an agreement that:

Dismissed the case, affirming no infringement by Wright.
Imposed an Agreed Permanent Injunction, restricting Wright’s commercial use of "Kentucky Colonels" but granting specific rights in Clause 5, which the HOKC and courts subsequently disregarded.

Renewed Litigation: 2023

In 2023, the HOKC filed a second lawsuit, alleging violations of the 2020 injunction. Key accusations included:

Informing Kentucky Colonels of their right to use the (TM) symbol under common law.
Encouraging the creation of personal badges and civil officer identification cards, a historical tradition among Kentucky Colonels.
Sharing public-domain historical articles about Kentucky Colonels.

The court ruled against Wright without specifying which clauses of the injunction were violated. The decision demonstrated deference to HOKC’s corporate interests over constitutional rights.

Broader Implications and Historical Context

This case raises significant concerns about corporate overreach and the monopolization of public-domain titles. Congressman Edward Creal’s 1936 Congressional Address about the Kentucky Colonel Title affirmed the title’s role as a symbol of civic leadership and goodwill, not as an exclusive corporate entity. This 1936 address clearly distinguishes the Kentucky Colonel as a piece of Kentucky's History and Heritage that cannot be owned by the HOKC.

The actions against Wright undermine this legacy, replacing inclusivity with control, prohibiting the academic and literary pursuit of the Origin of the Kentucky Colonel and the allegation that Old Kentucky was not controlled by anything except Kentucky colonels. Historical records highlight the title’s evolution from its origins under the first, second and 19th-century Kentucky governors to its flourishing role as a symbol of service and goodwill from the exonym title's humble roots as character in an 1833 two-act farce originated at the Covent Garden Theater in England for Colonel Nimrod Wildfire as stated in Philadelphia. Pennsylvania.

Conclusion: Recommendations for Justice

The judicial and historical record supports the following actions:

Vacate the Cases: The lawsuits against Colonel David J. Wright should be vacated, as they reflect a pattern of bias and corporate overreach. It is clear that the case against Wright would have gone much differently if the court was aware that Wright was a donor, member and volunteer for 23 years at the time the case was filed, and that Wright created the first website for Kentucky Colonels in 1998.
Exonerate Wright: Wright should be fully exonerated of all liabilities, including court costs, attorney fees, and sanctions by the HOKC's attorney who brought the SLAPP case as a penalty in itself against an individual's reputation that is clearly in retaliation against exercising free speech. Wright needs to recover his goodwill and reputation of honor and trust following defamation.
Governor’s Intervention: The Governor of Kentucky should issue a formal declaration or special civil pardon to protect Wright as one of its Civilian Goodwill Ambassadors and preclude other Kentucky Colonels from further corporate litigation by the HOKC relative to their status as Kentucky colonels. It would affirm the Kentucky Colonel is public domain.
Public Clarification: The HOKC should transparently acknowledge its role as a philanthropic organization without exclusive authority or true sense of fraternity over Kentucky colonels historically or their traditions. The HOKC has no claim to the ideas or any continuity with organizations that preceded it, there are no similarities.
Preserve Historical Integrity: Kentucky Colonels for lack of a genuine history based in honor need to recognize Wright’s extensive research and advocacy as vital to preserving the traditional icon of the Kentucky Colonel, ensuring these customs and traditions remain accessible to all.
Recall the HOKC 1813 Narrative: The HOKC narrative (myth) should not have been adopted or understood as a factual origin by anyone in government nor should the state let anyone assume that the Honorable Order of Kentucky Colonels Myth of 1813 is true. This was clearly known and affirmed by Col. Michael Adams in February of 2021, when he published a new Kentucky Colonels state narrative created by Col. David Wright for the Secretary of State's office which was checked, edited and vetted, considering Col. Charles S. Todd, served as a Secretary of State and not as a Kentucky Colonel as the office was led to believe. The SOS edited version was removed but should be republished and replaced.

My anonymous judicial analysis highlights the need for fairness, equity, and the preservation of First Amendment rights for all Kentucky Colonels whether you donate to the Honorable Order of Kentucky Colonels or decide to support the ideals of customary or traditional colonelcy from 1775 until present day starting with "The Colony of Transylvania" documented by noted colleague Chief Justice Walter Clark of North Carolina in 1904. The Honorable Order of Kentucky Colonels in Louisville is just one of many possible organizations that promote the ideas of different kinds of Kentucky colonels. It is a call to uphold justice, historical accuracy, and the collective legacy of Kentucky colonels as advocates and goodwill ambassadors of the Commonwealth.

The Honorable Order of Kentucky Colonels, Inc. v. Kentucky Colonels International (3:20-cv-00132) is a civil rights case against Col. David Wright disguised as a trademark complaint against his rights to incorporation as a non-profit organization. The court overlooked and was not aware of the Colonel's rights as a 23 year member of the Honorable Order of Kentucky Colonels. The case is on appeal in the Sixth Circuit Court of Appeals in Cincinnati, Ohio and will most likely heard in 2025 if the Honorable Order of Kentucky Colonels does not offer a resolution.

News and Handbook for Colonels

webmaster@kycolonelcy.us (Hon. David J. Wright) — Sat, 28 Dec 2024 11:09:00 +0000

You Can't Silence a Colonel: Launching the "Real Kentucky Colonels" News Blog

The Honorable Order of Kentucky Colonels may have its courtroom insiders and lawyers, but they don't have a monopoly on truth. In the face of adversity in attempts to silence dissent and rewrite history, we, a collective of Kentucky Colonels from across the globe, launch this blog as a bastion of free speech and to advocate for an authentic heritage.

This platform is more than just a website; it's an act of defiance. It's a testament to our First Amendment rights – the freedom to speak, to publish, to assemble, and to challenge those who distort the truth. While the courts may try to seize domain names and impose sanctions, they cannot extinguish the fire of truth-seeking as action model leading to honor.

Postcard depicting a Kentucky Colonel c.1907

Our Mission:

This blog is dedicated to uncovering and disseminating the authentic history of the Kentucky Colonel, a title rooted in service, leadership, and a commitment to the betterment of our Commonwealth. We reject the manufactured narratives and historical distortions propagated by those seeking to control the Kentucky Colonel legacy for their own gain. The majority of our content and research are based in the public domain and past newspaper articles from 1775 to 1970.

Our Content:

Here, you will find meticulously researched articles, historical documents, and firsthand accounts that challenge the prevailing mythology surrounding the Kentucky Colonel. We will expose the falsehoods, celebrate the true heroes, and reclaim our heritage.

Our Commitment to Truth:

This is a news blog grounded in facts. While we welcome diverse opinions and perspectives, we are committed to presenting information accurately and transparently. Any articles containing opinion or commentary will be clearly labeled as such.

Our Copyright:

The content published on this blog is protected by copyright law. We encourage the sharing of our work to spread awareness, but we will defend our intellectual property rights against any unauthorized use or reproduction.

Our Identity:

To distinguish ourselves from those who cling to a fabricated history, we are considering adding "Real" to our name – the "Real Kentucky Colonels." This decision, however, ultimately rests with our followers. We invite your input and participation in shaping this movement.

Our Resolve:

No court order, no legal threat, and no campaign of misinformation will deter us from our mission. We will continue to publish the Kentucky Colonels Handbook and the Kentucky Colonel News, ensuring that the truth reaches every corner of the Commonwealth and beyond.

This blog is a testament to the resilience of the human spirit and the enduring power of truth. Join us as we reclaim our heritage and forge a new path for the Kentucky Colonel, one grounded in authenticity, service, and unwavering commitment to the ideals that define our great Commonwealth.

#RealKentuckyColonels #FreeSpeech #TruthWillPrevail #KentuckyProud

Kentucky Colonels Int'l Changes Name

webmaster@kycolonelcy.us (Hon. David J. Wright) — Tue, 19 Sep 2023 11:58:00 +0000

Kentucky International: A New Name for a New Era

Kentucky Colonels International, established in 1998, is being re-established, reformed, and revived as Kentucky International. The new name reflects the organization's expanded mission and focus on members serving as Kentucky's professional goodwill ambassadors to promote economic investment, tourism, trade and protect the state's natural landmarks. Join us now!

The new organization will have a unique cooperative investment and stakeholdership program, talking points, new background narrative, an updated social purpose, and new focus on members as the protagonists (consumers, cooperators, ambassadors and commissioners). The organization's narrative starts with the Transylvania Company, Col. Daniel Boone, Col. John Bowman and Col. Richard Henderson which are now being introduced to the Sixth Circuit Court of Appeals as the first Kentucky Colonels, in an effort to try to get the state's founding history correct.

Painting depicting Col. Daniel Boone entering Kentucky in 1775.

Cooperative Society not a Corporation

Kentucky International is a cooperative social enterprise that is open to all people who are passionate about promoting Kentucky and its people. The organization's mission is to "Promote all that is Kentucky Good" through a variety of initiatives, including:

Supporting Kentucky businesses and entrepreneurs
Promoting Kentucky tourism and economic development
Advocating for Kentucky's culture and heritage
Serving as a voice for Kentucky values and traditions
Creating new international projects to protect Kentucky's environment

Unlike other nonprofits Kentucky International is a decentralized autonomous organization (DAO) in formation which basically means the members will connect, meet, organize and perform their duties from a cloud based virtual workplace on the Internet using advanced informations communications technology platforms and tools from Google and Meta.

It is also different because it is based on an unincorporated membership cooperative society model with its own bylaws where members share in the benefits generated through the performance and strength of each other as titled co-owners of the social enterprise under their rights, privileges and responsibilities to the Commonwealth of Kentucky as honorable tax-exempt civilian officers.

The association hopes to have local cooperators who are colonels in every Kentucky community and county, as well as goodwill ambassadors in every international city, country and metropolis around the world. While most of the work will be voluntary, Kentucky International cooperators may charge for their services using their titles, they can organize public events, participate in international trade shows as representatives of the state and charge commissions back to local businesses for bringing results.

Benefits of Membership

Kentucky International members are encouraged to use their titles and personal social media profiles to promote Kentucky in their communities and around the world through our cloud. The organization also provides members with special resources and support to help them achieve their independent goals. There are many benefits to joining Kentucky International, including:

The opportunity to make a difference in Kentucky. Kentucky International members play a vital role in promoting Kentucky and its people around the world. The more investment and tourism means more money spent in Kentucky that remains here.
Access to a network of like-minded individuals. Kentucky International members come from all walks of life, but they are united by their love of Kentucky customs, traditions and values with a common-place desire to make Kentucky prosperous.
Resources and support to help you achieve your goals. Kentucky International provides members with a variety of tools, resources and personalized email support to help them promote Kentucky, its people and its places to visit.
Ability to offset your carbon footprint. Kentucky International members have trees, lots of them and based on the size of your donation, money is invested in them from which carbon sequestration rights are produced and climate change is mitigated.

How to Join Kentucky International

To join Kentucky International, simply visit the organization's website and make a donation of $25 or more. Because participation is based on the seven cooperative principles, donations are accounted for with duplicity and cumulatively leading to lifetime equitable ownership. There are different levels of participation leading to cooperative participation.

Community - Non-member allies, observers and supporters in the social media
Friends - Emerging members that have donated $25-$75 for a mailing list subscription
Consumer - New members that donate $100 per year receive gifts and some premium services
Cooperator - Members that become cooperative employee/owners donate $250 to $400
Ambassador - Members that can represent Kentucky International officially donate $500 to $750
Commissioner - Members that are authorized delegates and eligible for commissions, $1000+

Kentucky International is a new and exciting organization, and it is growing rapidly. If you are passionate about promoting Kentucky and its people, you are encouraged to join Kentucky International today. Exercise your "rights, privileges and responsibilities" as a Kentucky Colonel, Commonwealth Ambassador or Kentucky Admiral with Kentucky International.

Learn more about our membership program and join Kentucky International.

Kentucky Colonels Before the 6th Circuit

webmaster@kycolonelcy.us (Hon. David J. Wright) — Fri, 15 Sep 2023 17:20:00 +0000

The famous title, the name, the idea; as well as the rights, privileges and responsibilities of the Kentucky Colonel are now going before the 6th Circuit Court of Appeals in Cincinnati to determine if a preliminary injunction that has been mistakenly enforced by the lower court is an equitable remedy or can be used legally in a case that has been dismissed with prejudice. It is a case that potentially affects all persons that have been recognized by the Governors of Kentucky with an honorable Kentucky Colonel title. It is believed the court dismissed the cases to prevent inquiry or research into the relevant facts being presented in the case by a pro-se defendant exercising his civil rights and denying his rights as a colonel under common law.

Kentucky Colonels Society at the University of Kentucky 1950's (Not the HOKC)

Notice of Appeal

RICHMOND, KY - A recent Memorandum Opinion and Order, Document 129 in Case 3:20-cv-00132 over two dismissed cases brought by the Honorable Order of Kentucky Colonels from Judge Rebecca Grady Jennings in the US District Court for the Western District of Kentucky is being appealed by Col. David J. Wright who states in his Notice of Appeal, "judicial bias, failure to take judicial notice of relevant adjudicative facts, slighted timely dispositive motions and mistaken reliance on a preliminary injunction among other errors being made by the court. The Memorandum Opinion and Order violates my 14th Amendment rights to equal protection under the law and they also violate my constitutionally guaranteed rights under the First Amendment." Col. Wright also claims that the court has ignored the confidential terms of the settlement agreement and the mediator's proposal from December 29, 2020.

20 Year HOKC Member

The case brought by the Honorable Order of Kentucky Colonels (HOKC) was brought as a SLAPP suit with urgent cause twice in an attempt to silence my civil rights to inform Kentucky Colonels and the general public about the reality behind the Kentucky Colonel Commission as well as criticize the HOKC where I was a proud donor, member and volunteer over a period of 20+ years. The Honorable Order of Kentucky Colonels organization has recognized and engaged with the Kentucky Colonels International organization over a period of many years dating back to 1998.

The HOKC used the ignorance of the court and the omission of this longtime relationship to gain favor with the court and have a temporary restraining order placed against me (and the organization) within 30 days after making my last donation, receiving my last membership card, writing a letter to the governor and withdrawing a merger offer that was negotiated between the HOKC and Kentucky Colonels International organizers. Moreover, HOKC attorneys managed to do it with a Judge that was one of their members.

After months in court, contentious litigation it became clear that the Honorable Order of Kentucky Colonels was not arguing over a trademark, but the idea of the Kentucky Colonel as an independent entity, the "use of the title" in any business name, product name, or descriptive term that subjectively, suggestively and speciously overreaches their rights as a trademark owner for products and services under the registered brand label "Kentucky Colonels ®".

Misappropriated and Mistaken History

The Honorable Order's desire to control the trademark "Kentucky Colonels ®" as their original patent idea, name and image today would threaten the likes of Col. Harland Sanders of Kentucky Fried Chicken and Col. George Chinn also known as the Maverick. The relative history that has surfaced since 1989 written by the HOKC about the origin of the Kentucky Colonel Commission in 1813 is pseudohistory and propaganda with no historical evidence or indisputable facts except to the contrary, as mythical as a unicorn. There were no colonels made in 1813 by Governor Isaac Shelby, neither of his Aides'-de-Camp in 1812, 1813 and 1814 were colonels. All of these facts and lack of facts can be shown quickly by researching historical records and period literature.

New Exempt Kentucky Colonel Membership Formation

All those persons who were members of Kentucky Colonels International between 1998 and February 25, 2020 are invited to return to a new organizational formation being developed in accordance with the US Code of Federal Regulations (USCFR). The new organization is exempt from all recent court proceedings, orders and litigation because the new name "Kentucky International" does not use the word "colonels". To join us please see our invitation for membership.

Kentucky Colonel™ not Kentucky Colonels®

webmaster@kycolonelcy.us (Hon. David J. Wright) — Sun, 29 Jan 2023 22:26:00 +0000

Trademarks and Logos are Important Intellectual Property

Trademarks, logos and logotypes are important for many reasons, but they are a problem when words associated with a fictional idea (even for a good cause) usurps and effects the real property "rights, privileges and responsibilities" of a Kentucky Colonel or any attempt to make the idea proprietary under the idea of a store with lots of products that are not an actual Kentucky Colonel. Attaching the label "Kentucky Colonel" to things that are not a "Kentucky Colonel" violates the rights of the colonel and dilutes the actual title it is a clear case of misappropriation of heritage and violates Federal Statutes governing public domain, copyright law and common-law implemented by Congress.

Let there be No Confusion "KENTUCKY COLONELS®" does not support the ideas of the "KENTUCKY COLONEL™". The HOKC organization is based on a fictional idea of an 1813 Myth and they have never even used the words colonelcy, colonelling, colonelly, colonelship, or colonelled over 90 years of recreational activity. But now they are coming after our words that they have never used. They are trademark bullies and now have filed a SLAPP Suit in an effort to protect a for-profit company operated by a third party, knocking off merchandise using the reputation of the State's icon, the Kentucky Colonel.

What Should a Kentucky Colonel Know?

There are hundreds perhaps thousands of things Kentucky colonels in general simply do not know today, that they should and would have known 50 years ago. Since the death of Colonel Sanders and Colonel George Chinn the "Original Ideals" of Col. Daniel Boone and Col. George Rogers Clark, the "Honorable Order of Kentucky Colonels" became a marketing brand which misappropriated Kentucky history, but not in normal speech or contextual writing or in such a way that ambiguates or influences the actual reality of Kentucky colonels that use the title "Kentucky Colonel" or possess a commission, because that would be a tragedy. A Semantic Kentucky Colonel is a safe place to be right now, because we allege that a Kentucky Colonel without a history of origin is not a real Kentucky colonel, so colonels need to be enlightened.

The Mark KENTUCKY COLONELS® represents an abstract, arbitrary, creative, descriptive, generic, and/or suggestive use of the term "Kentucky Colonels" under specifically 9 different registrations and 11 different classes out of 45, it does not represent Kentucky colonels per say, but as a noun refers to the name of the trademark when the C is capitalized. This means that any respectable Kentucky Colonel can still do business under the other 34 classes of products and services as "Kentucky Colonels" as long as a colonel can convince the USPTO that the Title which is Honorific (pre-dating their office) did not come from or is affiliated in any way with the HOKC and are not for the same non-colonel uses of the term. The HOKC insists the term is not descriptive or generic and is not confusing to label all of their products with it. Attorneys say that by registering it under multiple classes increases the protection of the term and it also ambiguates it with the other trademarks.

The entire purpose of registration is to control the mark in commerce as something that it is not legal without being registered, not control the origin of the "Kentucky Colonel" and most definitely not try to control the public domain.

The HOKC is a public charity, they get together to poke fun at what Kentucky colonels do to raise funds for important causes; nothing wrong with that, other Kentucky colonels understand that too; but there is nothing "Official" or "Historical" about them or they would have been part of the 1965 film Bluegrass recently featured on our blog. They should not be engaging in trademark bullying or anymore SLAPP Suits, especially with their members. They have never even acknowledged President Lincoln through Col. Marshall Harlan when they made 1,000 Kentucky colonels for the Union in 1861.

KENTUCKY COLONEL™ is not KENTUCKY COLONELS®

Per the Agreed Permanent Injunction from the US District Court, 23 February 2021 the following can be ascertained and understood as common-law:

"Kentucky Colonel" is a Legal Title or Person #5 (Est. 2021)
"Kentucky colonelcy" word used to describe the office and action of being a colonel. (Ibid)
"Kentucky colonels" two or more persons (group) with a Kentucky Colonel Title. (Ibid)
"Kentucky Colonels" is the titular expression for a group of colonels, true since 1872. (Fact)
"KENTUCKY COLONELS ®" is a registered trademark of the HOKC (Ibid)

We are so adamant about ending the confusion that may still exist between the "Kentucky Colonel" as a title or individual person and the Honorable Order of Kentucky Colonels (Fraternal or Military Order) and the State Order of the Colonel (1792-1896) or (1899-1932); and the difference between products in the Kentucky Colonels Store and the Office of the Kentucky Colonelcy do not infringe on one and the other in anyway, but the specious naming of products by the store must stop and be remedied by a court if necessary.

All English grammatical rules apply here as well as they do in court and at the trademark examiners office when we learned the HOKC trademarks are indeed unique because in American English as a noun and proper title "Kentucky Colonel" cannot be used freely with numbers or the indefinite article, and which therefore usually takes no plural form. There were more than 50 groups or businesses in the United States called Kentucky Colonels since the mid-1800's, despite the fact that it has always been part of the Public Domain. Next time I will talk about the Kentucky Colonel and the Laws of Copyrights.

Bluegrass, A Film by a Kentucky Colonel

webmaster@kycolonelcy.us (Hon. David J. Wright) — Sat, 14 Jan 2023 23:26:00 +0000

Bluegrass, A Training Film for the Kentucky Colonel

Two of the most Famous Kentucky Colonels appeared in 1965 in Bluegrass (archival tourism film), Colonel Sanders explains how to make a mint julep, while Colonel George Chinn shows off Colonel Daniel Boone's Rifle. I doubt there is a colonel alive that does not want to see this video at least once!

"Bluegrass" is an educational 'travelogue', a promotional film that was commissioned, collaborated and produced with the cooperative consent of the Kentucky Colonel and the Commonwealth of Kentucky in the 1960's. It was found by one of our colonels and submitted as great content for our website, the film is available for download at the Internet Archive and and can be used commercially as stock footage by contacting Periscope Films.

About "Bluegrass" (a film) created by a Kentucky Colonel

It begins with an introduction by Col. Jack Douglas who states that this will be an Armchair Vacation.

He says, BLUEGRASS, a word synonymous with the state of Kentucky, is shown as the title. Lush meadows, thoroughbred horses, Kentucky colonels. The capital city of Frankfort, Kentucky featuring many city images is shown including the dome of the capitol building which was patterned after the tomb of Napoleon, a giant floral clock, the cemetery, the tomb of Daniel Boone and his wife, the Old State House which is currently home to the Kentucky Historical Society. The society's director, Col George Chinn speaks on Daniel Boone and his significance, shows Boone's knife, powder horn, and his famous rifle, the statue of Boone is shown as well.

Read the script on our website permalink. Kentucky Colonel Bluegrass Script

Historic Icon Evokes Imagination

webmaster@kycolonelcy.us (Hon. David J. Wright) — Sat, 14 Jan 2023 21:04:00 +0000

A Kentucky Colonelcy is a Great Honor to Behold

There are few things that date back in American History (Americana) that inspire a more commanding and iconic image than the idea of the Kentucky Colonel. The "Colonel" is a truly remarkable character that evokes imagination of great pioneers and statesmen like Col. Daniel Boone, Col. Isaac Shelby, Col. Henry Clay and Col. Abraham Lincoln: Kentucky's four most beloved historical figures and leaders. We are certain based on publicly available information that the Honorable Title: Kentucky Colonel became so well known based on the actions and accomplishments of these great men (and others) that Governor William O'Connell Bradley made the Honorable Title a Civilian Office (honorary position) to recognize the accomplishments of its most important and authoritative citizens, as well as to further disconnect it with the ideals of the Military Colonel Rank which started in 1802.

Today this idea of the great title, Kentucky Colonel also brings other things to mind like:

Kentucky Colonels Basketball team
Kentucky Fried Chicken (Colonel Sanders)
Kentucky Colonel Club (1903)
A Kentucky Colonel (Bestseller 1890)
Old Kentucky Colonel (Bourbon)
The Kentucky Colonels (Bluegrass Group)
Eastern Kentucky Colonels (EKU Sports Teams)
Kentucky Derby (Honorable Order of Kentucky Colonels® 1813/1933)
Kentucky Colonels® Store (Lexington)
Google Search shows 900+ individual entities for "Kentucky Colonel" and "Kentucky Colonels" that are all unrelated to each other.

Let's Disambiguate the Reality and End the Confusion

The first thing that the search engines like Google and Bing as well as all these organizations, would-be claimants and title porters need to do is understand where the colonel came from and not be confused. All of those businesses, organizations and products which ambiguate the idea, all show deference to the Kentucky Colonel Commission the document without qualification, and the first colonels that founded Kentucky which in common-law can only be expressed as "Kentucky Colonel™", an unregulated semantic application of the Title Mark or Trademark under US Law:

Kentucky Colonel is the Honorable Title and Office granted to a person by the Governor
The Title: Kentucky Colonel provides unnamed benefits through its use.
The Kentucky Colonel Commission guarantees "rights, privileges and responsibilities"
Legally, Kentucky Colonel is a title of office (civilian) that is not a military rank.
Kentucky Colonel the Title, is reminiscent to the Authority and Patronage of its Founders.

There is a much greater list over more than 1,000 things that can be found on the Internet that are not a "KENTUCKY COLONEL™" in law and none are Kentucky colonels that actually work with the office of "Kentucky Colonelcy™" that are "Kentucky Colonelling™" after they have been "Kentucky Colonelled™" as the "Head of a Colony, County or Company" lost to time, but they can be with their titles.

We became interested in disambiguating the "First Kentucky Colonels", "Original Kentucky Colonels", "Official Kentucky Colonels" and the "Real Kentucky Colonels" when we uncovered that the "Kentucky Colonel" that the "Honorable Order of Kentucky Colonels" beholds never became a colonel in 1813, under those circumstances or as the story has been told. We had to continue the research to find out which colonel came first and we found 500 before 1813.

First Kentucky Colonel Daniel Boone, Commissioned in March 1775 on the Wilderness Road

Office, Person and Title vs Products or Services called "Kentucky Colonels"

The term "Kentucky Colonels" has also been registered as a trademark for products under 10 different classes of merchandise (hundreds of products) by the Honorable Order of Kentucky Colonels, which seem to feel some sort of an entitlement to a term they have labelled and mistaken for their own with a fictitious pseudohistory of impossible mythical militia origins. Since 1992, they have threatened to take legal actions bullying more than 30 different companies and individual colonels who have used the terms "Kentucky Colonel" or "Kentucky Colonels". They have been in Federal Court twice once against Governor John Y. Brown's Kentucky Colonels' basketball team company called "Building Champions" in 2003 and once against Kentucky Colonels International in 2020; both times they lost their case.

In 2020, the HOKC or Honorable Order as they are often referred to by colonels, took me "Col. David Wright", "other colonels, and our organization to the US District Court with 11 months of contentious litigation which was resolved in my favor when the case HOKC v KCI case was dismissed with prejudice; when the reality was understood that the facts dug up from the historical record predetermined their fate. Other attorneys believe the HOKC filed the entire case as a SLAPP suit to prevent our activities from dominating their own.

They did gain recognition for their use of "KENTUCKY COLONELS" as a registered trademark, but that simply means the mark is allowed to represent something that is not a "KENTUCKY COLONEL" in its reality as "KENTUCKY COLONELS" and "only they" are permitted to use the MARKS they registered in commerce and for non-commercial use under the specified 11 classes. We said again, sure OK fine. They are still a group of individuals that are misappropriating history and diminishing the effectivity of the "Honorable Title" KENTUCKY COLONEL, their motivation of helping Kentucky with colonels is diluting the "rights, privileges, and responsibilities" in law of the Honorable Title itself, thousands of colonels remain concerned of the 350,000+ in the world today.

Let's Follow the US District Court Order

Let's not confuse the "real use" of the title and person: KENTUCKY COLONEL or the office (actions) of KENTUCKY COLONELCY mentioned in Paragraph 5 of the Agreed Permanent Injunction become confused with Paragraphs 1, 2, 3, or 4 about KENTUCKY COLONELS (products and services) referring to things other than actual "Kentucky colonels". What should be most important though to a colonel is the preservation and integrity of the title. The Title should not be ambiguated by following the order, but if the parties of the order stray from this either side could be subject under Title 15 U.S. Code § 1125 - False designations of origin, false descriptions, and dilution forbidden can apply to any one of them by infringing on the trademark or passing off a fictitious origin as fact with a product that harms the state's actual heritage. The Kentucky Colonel Title cannot afford to be confused with 11 classes of products and thousands of items, that was the purpose of getting the ® symbol to better distinguish their products, but instead the confusion continues on the part of the HOKC confusing themselves and their products to pass them off as original or relative to the Real Kentucky Colonel from American history.

This means it is probably safe for the Honorable Order of Kentucky Colonels to be the type of colonels that they want to be with their mistaken 1813 vacated militia order starting in 1933, it is just for fun at Derby and helps charity in the state, but it should not be mistaken as anything official at all. While myself and our group of history buffs, researchers, diplomats and intellectual property experts believe and have proven without any doubt a completely different story that starts in 1775 through 1927, and a completely different origin story which includes the state's most famous colonels.

Historically we discovered that between 1775-1790 that there were almost 400 colonels living in Kentucky, we also know that "Old Kentucky" founded by Col. Daniel Boone and Col. Judge Richard Henderson as well as 1792-1799 Kentucky was founded exclusively by colonels, selecting Col. Isaac Shelby as their governor in 1791. Knowing as much as we do today, there is no reason that any good Kentucky colonel should repeat the Origin Story of the Mythical Militia of the Honorable Order of Kentucky Colonels. What is questionable is whether the HOKC values more the integrity of the Honorable Title or if they just want more customers for its independently owned promotional products store.

We are not going to contribute to the confusion at all, we never wanted to in the first place, we have never said something that was not a colonel, was, or vice-versa and have never passed off fiction as fact, except when we believed the HOKC Background Story of 1813 ourselves until 2019. Our focus since 2021 has become the source of the HISTORIC KENTUCKY COLONELS of 1775 in Madison County at Boonesborough, and the TRUE ORIGIN STORY of KENTUCKY as ECOLOGY CROSSROADS with the TRANSYLVANIA COMPANY program as our cooperative entity. We will be in the publishing business, work as a cooperative and only employ those who hold a KENTUCKY COLONEL COMMISSION.

So if someone asks, "Which came first the Colonel or Kentucky?" now you know the answer. If you want to learn more about Kentucky colonels visit our website network.

Welcome to Kentucky Colonelcy

webmaster@kycolonelcy.us (Hon. David J. Wright) — Fri, 26 Feb 2021 20:12:00 +0000

New Blog for the Kentucky Colonel

This blog is dedicated to those who have received a commission as a Kentucky Colonel. The content here is based on stories of 300-750 words (sometimes more) about experiences with Kentucky colonelcy and what it means to individuals to be recognized as a Kentucky Colonel. The blog was developed to complement and enhance our activities online compiling factual data, exploring history and documenting events. The resulting work that makes it to our blog may become part of our book about Kentucky colonelcy or our website.

A Kentucky Colonel (Lithograph) by George Ford Morris

About our Blog and Content

Our Kentucky Colonel Authorship is made up of a group of self-defined, honorable, commissioned Kentucky colonels engaged in researching "colonelcy". Together we are writing a book entitled, Kentucky Colonels: Forefathers, Founders and Model Figures of Kentucky Culture, Customs, Folklore, History, Music, Society, Traditions, and Values. The book will serve as an authoritative well-referenced text that focuses on the origins of Kentucky Colonelcy.

Any Kentucky colonel or any organization dedicated to Kentucky colonels or exercising honorary colonelcy may submit content for editing, posting, sharing and development into professionally elaborated content. Or they may apply to the authorship prior to September 30, 2021 if they are interested in authoring a chapter about a particular Kentucky Colonel, a range of dates in history, an incident or topic such as duelling, gambling, horse racing, thoroughbreds, whiskey making or any other relative topic, based on the consensus approval of the other authors.

While some may believe that Kentucky Colonelcy has no duties, others view it is a very great honor and understand how they can use Kentucky colonelcy in Common Law, however are most often confused as to what advantages exist. Kentucky colonels are always responsible to the state and maintaining honor or order over the colony. Officially each Kentucky colonel is empowered and recognized as an "ambassador of goodwill" (See goodwill ambassador).

Submission Guidelines

All materials submitted must be sent by email and should be based on testimonial factual content with at least one photograph that is 1200px by 800px up to 2400px by 1600px, content must be elaborated in three or more paragraphs 300-1000 words. Content should be linked to referential content such as articles, books, magazines or other online content.

If sharing a Facebook post make sure the post is shared publicly by adjusting the settings for the content item from your profile so the information in the post(s) can be viewed. All materials submitted to us are subject to editing. Send your submissions to kycolonelcy@gmail.com

Follow Us in the Social Media

All of our social media links are located at the bottom of the homepage of our website. Although still being initialized our workgroup can be found on Facebook, Twitter, Instagram, LinkedIn, YouTube, Pinterest, and other popular social media platforms.

We use the hashtags #KyColonel and #KyColonelcy in Facebook, LinkedIn and Twitter. Colonels also frequently tag #KyTourism, #Kentucky, #Bluegrass and other place names or terminology frequently associated with Kentucky colonels or the promotion of the Commonwealth and its values.

Legal Disclaimer

This News Blog and our WebSite are independent endeavors of Kentucky colonels, we are not in any way associated, affiliated, endorsed or sponsored by the Honorable Order of Kentucky Colonels™ or the Kentucky Colonels Shop that use the KENTUCKY COLONELS® as a commercial brand name for products and services.

Kentucky colonels by nature work for the Commonwealth of Kentucky as honorary commissioned officers, Kentucky colonels have no official powers as agents of the state or as governmental officials, however they are empowered by the state with letters patent. Kentucky Colonel Commissions are warranted by the Commonwealth to promote the culture, customs, goodwill, history, traditions and values of the state. Serving the Commonwealth of Kentucky as an honorary ambassador of goodwill is both an honor and a privilege.

The American Colonels Network (Office of the Colonelcy) is an independent Creative Commons educational and literary pursuit that provides online content that may be copied, distributed and re-used without cost by the public under a Non-Commercial Share-Alike Attribution License 4.0.