1. MEMORANDUMTO: Junior Associates (N-Z)FROM: Senior Partner Goering and Senior Associate MuirRE: New ClientDATE: September 30, 2008 Yesterday we were retained by a new client. Sarah Palin has just learned thatcartoonist Garry Trudeau has published a series of Doonesbury comic strips that includeher image in the form of a “Sarah Palin action doll.” It seems that a Connecticut corporation, HeroBuilders.com,recently began manufacturing and selling Sarah Palin look-alike “actiondolls” on its internet website. As you might imagine, given the instantcelebrity status Palin recently acquired as John McCain’s vice-presidential running mate, the dolls are selling like hotcakes. In fact, Ijust logged on to the company’s website and learned that the companyhas received so many orders that prospective purchasers who order afterSeptember 24 are being advised to expect a six-week delay. (Check itout for yourself: http://www.herobuilders.com/08.htm). The dolls sellfor between $27.95 and $29.95 (depending upon the doll’s outfit and accessories), so youknow the company must be making a tidy profit. Although HeroBuilders.com also manufactures look-alike action figures of othernationally known celebrities, similar companies generally secure license agreements toproduce look-alikes of others. For example, Palin told me that her good friend ArnoldSchwarzenegger, the Governor of California, recently settled a lawsuit against an Ohiocompany that manufactured a “Terminator” bobble-head doll. As part of the settlement,the company agreed to redesign the doll and donate the sales proceeds to one ofSchwarzenegger’s favorite charities. But in this case, the company has neither sought norobtained permission from Palin to market the “action figure” dolls. Obviously thecompany was in a big hurry to profit from her instantaneous celebrity status before theupcoming election, so it must have decided to take its chances and skip negotiations withher for a license agreement. As you probably already know, many bloggers and newscasters have referred toPalin pejoratively as the “Barbie doll of the GOP” since McCain surprised the country onthe eve of the Republican National Convention by naming her as his running mate. She isparticularly upset by the dolls and the comic-strip because she does not want to be type-castto the country as the Republican “beauty queen,” which she believes amounts to genderdiscrimination. Not only does she want HeroBuilders to stop producing the dolls, but shealso wants to know whether she can sue Trudeau for damages for exploiting her image inthe comic-strip series.
2. Professor GoeringLARW I and II, Section A3 Palin is worried that the publicity Trudeau’s comic strip is giving the action-figuredoll manufacturer is just making things worse. And she has no idea whether Trudeau plansto continue mocking her in the comic strip. She wants to know whether she has a legalright to put a stop to HeroBuilders’s doll marketing efforts before the presidential electionon November 4. Also, if the McCain-Palin ticket doesn’t win the presidential election, canPalin recover damages from either HeroBuilders or Garry Trudeau, or both, for exploitingher image? (By the way, did you know that Trudeau is married to Jane Pauly? I guess it’sa small world in the broadcast news business. Like Pauly, Palin got her start as a televisionnews broadcaster.) Please research the legal issues. Specifically, does Sarah Palin have a legal remedyagainst HeroBuilders.com for using her name and three-dimensional likeness without herpermission to produce and market the Sarah Palin look-alike doll? Second, does Palin havea legal remedy against Garry Trudeau for featuring the doll in his copyrighted comic strip?In case you need to know, HeroBuilders.com is a Connecticut corporation, so Connecticutlaw will apply to an action against HeroBuilders. Garry Trudeau lives and works in NewYork City, so New York law will apply to any claim against Trudeau. Don’t overlook thepossible application of federal law as a defense to either or both claims. Please assume thatPalin will file her complaint in federal district court in Connecticut. I have a followup meeting with Sarah Palin scheduled (at an undisclosed location,of course) on Friday, October 24. Therefore, I will need a draft of your memo no later thanThursday, October 23, at 5:00 p.m., in order to have enough time to read it over and thinkabout it before our next conference. I have attached part of HeroBuilders.com’s internetadvertisement, including a photo of the Sarah Palin dolls, and a copy of the Doonesburycomic strip series for your information. Thanks so much for your help. Oh yes -- you mayenjoy the following video spoof of the Sarah Palin action dolls, which I just found on theinternet: http://www.youtube.com/watch?v=oCSonCYCN9Y&feature=dir You may discuss the assignment with any of your first-year law school classmatesin this section. However, it is a violation of the Honor Code to show your written work toanyone except me or Jared Muir, my senior associate. Please review the attachedguidelines regarding the Honor Code. If you have any questions about whether certainconduct violates the Honor Code, you are expected to consult Jared or me for guidance.Attachments: • Herobuilders.com Website Advertisement for Sarah Palin Action Figures • Doonesbury comic strip, September 21-27, 2008 • Honor Code Guidelines for Graded Memos and Briefs
3. Professor GoeringLARW I and II, Section A3 HeroBuilders.com 198 Goodhill road | Oxford, CT | 06478 | 203-888-0147 | email@example.com Home | Custom Pez | Political Action Figures | Custom Action Figures | The Urban Crew Action Figures | GET THE 12" SARAH PALIN ACTION FIGURE BELOW ORDER NOW BEFORE THEY SELL OUT YES, WE SHIP GLOBALLY. DISCOUNT FOR THIS PRODUCT LINE As of 9-18-08 Orders will not ship for 3 to 4 weeks. All orders placed starting 9-24-08 will take 6 weeks to ship. Want to be an Action Figure Too ???? Order your custom action figure today! Our Personalized Action Figures Look, dress, and talk just like you !!!!! Order your Christmas Gifts early! Get 10% off all orders placed before November 1, 2008. CLICK HERE AFTER YOU ORDER YOUR SARAH PALIN ACTION FIGURES Sarah Palin Super Hero ActionSarah Palin Action Figure $27.95 Sarah Palin School Girl $29.95 Figure $29.95
4. Professor GoeringLARW I and II, Section A3Monday, September 22, 2008Tuesday, September 23, 2008Wednesday, September 24, 2008Thursday, September 25, 2008
5. Professor GoeringLARW I and II, Section A3Friday, September 26, 2008Saturday, September 27, 2008
6. Professor GoeringLARW I and II, Section A3 Honor Code Guidelines for Graded Memos and Briefs Legal Analysis, Research, and Writing I and IIQ: Who is allowed to see my memo or brief?A: You may not show your memo or brief to anyone except me and Jared Muir, my teaching assistant. Please understand that this requirement is indeed as limited as it sounds. You may not show your paper to your spouse, sweetheart, best friend, mother, significant other, or anyone else, even "just to proofread" or "just to see what she thinks." This applies even if youve "always had so-and-so proofread all my papers."Q: With whom may I research and discuss my memo or brief problem?A: You may research and discuss your memo and brief problems only with fellow members of the A3 Section, Washburn Law School librarians, Jared Muir, or me. Reading your memo or brief to another individual is not discussion and is not allowed. Please understand that this requirement is, again, as limited as it sounds. This means you may not discuss your problem or your paper with students from other classes or other LARW sections, with mentors, with tutors, with attorneys, with other professors, with parents, with siblings, or with any of your friends who are not Section A3 students.Q: What should I do if I have a question on what is permissible and what is not?A: Ask me in class, come see me, e-mail me, phone me, or drop a note in my mailbox in Room 203. You must check with me before doing anything else.Q: How long do these restrictions last for any particular assignment?A: Until I announce in class that they are lifted.
7. Professor GoeringLARW I and II, Section A3Q: What should I do if I know that somebody is violating these rules?A: Under the Honor Code, you have a responsibility to come to me with names and details, so that I can begin an investigation. I will vigorously pursue an investigation of any violation for which I have evidence. However, please understand that I can do nothing with rumor or innuendo.Q: So, is cheating a common problem?A: No, it is not. It is rare, in my experience both as a student and a professor. Most students who are intelligent and disciplined enough to get into law school don’t need any rules at all, because they abide by the simple rule that it is unfair to do anything on a graded assignment that would give them an unfair advantage over fellow law students. But cheating has happened before, and therefore I am spelling out the rules to assure you that anyone who breaks these rules is either too ignorant or too unethical to belong in the legal profession.Q: Dont these restrictions defeat some educational benefits?A: Yes, indeed, they do. In legal practice, it is beneficial to talk about a memo or brief problem with anyone you think may be able to help, subject to your ethical duty to keep your client communications confidential. But law school is not "real life." Requiring you to write a memo and a brief entirely on your own is intended to be of great benefit to you, but that is not the only purpose. The other purpose of graded assignments is to test your ability to apply legal research, analysis, and writing skills you learn through reading, exercises, and class discussion. So, in the weeks to come, please remember: THIS IS A TEST.