Kentucky Colonel Appeals Rights in the 6th Circuit Court
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.