mame11

My post will not be as cryptic or pretty as Nadya's but I'll do my best. Last week I had the pleasure of joining some friends at Palena for dinner in the cafe. It began on an interesting service note, the bartender may have been a bit put off that the first two (me included) in our party ordered only water (one 'fancy' though) and when the third of our party showed up, the bartender never checked to see if we needed anything else. Truthfully, I was waiting before I ordered a drink... finally I called for the bartender and drinks were ordered.. a wine and a frou frou drink for me (all I remember is that it had a sugared rim and a blood orange slice). The rest of our party was (um) late, so stomachs were growling. An order was made for the Palena Frite. OH MY!!! Wow, the fries and onion rings were above average but the lemon slices were most unique. Very clever. The rest of our party arrived so we were seated. On a Wednesday night we were suprised to find that they were out of hamburger! So many orders of chicken were made with few exceptions. I started with mushroom soup which was amazing, perfect for the cold night outside. I probably would not have had soup but 45 minutes are required to present the chicken. The chicken arrives... drum roll... wow, it really is special. 'nuff has been said by others... but everybody should probably order it once. Now, dessert... I didn't care for mine... cupcakes with peppermint ice cream. Though another at the table who had the same dessert did not agree with me, it seemed that the ice cream was basically vanilla a top crushed peppermint. Clever presentation but true peppermint ice cream is such a treat. Oh and the cupcakes, well I took one and half of them home as I was stuffed.. does it say anything that five days later one is still left? The cookies on the other hand (flips backward) were so much fun and so good. The caramel was as good as any dessert I have ever had. So, my advice is skip dessert and stick with the cookies. And have great company with whom to spend the evening.

Great point. I am a lawyer, not in marketing, for a reason. Too literal... :-)

So tonight sounds fun. I can't make it but... I have a thought. What if we rename this concept "Twenty Dollar Treats" so that if a day like Thursday works for an event the branding reflects the concept not the day. Yes, I am an intellectual property/tradmark geek.

How about a visit to the Museum of the American Indian on the Mall? The cafeteria is an unbelievably cool experience. Seriously, it is a really unique experience... Mitsitam Cafe "Mitsitam" means "Let's eat!" in the Native language of the Delaware and Piscataway peoples. The museum's Mitsitam Native Foods Cafe enhances the museum experience by providing visitors the opportunity to enjoy the indigenous cuisines of the Americas and to explore the history of Native foods. The cafe features Native foods found throughout the Western Hemisphere, including the Northern Woodlands, South America, the Northwest Coast, Meso America, and the Great Plains. Each food station depicts regional lifeways related to cooking techniques, ingredients, and flavors found in both traditional and contemporary dishes. While seated in the cafe, visitors can look out a wall of windows to view the Native habitat and water features of the museum's landscaping.

Yes go to the Tattered Cover! Also go to the Le Central the Affordable French Restaurant. http://www.lecentral.com/

Don't forget that custard place in del ray

Since I have already taken on the daunting task of compiling the brunch places, I will gladly compile the list of bakeries. There is some macroon place in Arlington that is good too..

I am compiling the brunch list. Trying to provide as much information as possible, I am checking the websites of the restaurants proposed so far. On the Old Ebbit's website, the following caught my eye: http://www.ebbitt.com/main/home.cfm?Sectio...bout_the_Ebbitt Cakes We offer a chocolate cake for $24.95 which will serve 10-12 people to be used for your special event. If you would like to bring your own cake, there is a $3.00 per person cutting fee. I am totally not surprised that a restaurant like Old Ebbit's would have a policy. Am actually impressed that they put it on the website.

Um, what I think is hysterical is that I always order tap in New York. Sometimes the server gives a little 'tude and I say "You do know that New York City has some of the best drinking water in the country, don't you?" Total rip off in New York to order bottled water.

Pandas don't get angry... and I want a hello kitty cellphone...

You have highlighted the problem.

lawyer.. who you calling lawyer? them there are fightin' words

see my earlier comments about cease & desist letters... a risky business, I tell you!

true enough about the irreparable harm... see my statements regarding sending cease & desist letters. to what am I applying the law...as I have mentioned a few times I am not addressing the exact situation that has presented itself, I have just been addressing issues/concepts that have been raised (hypotheticals)... also I have stated that I am not familiar with the local laws and how they would apply, merely throwing stuff out for education and conversation purposes...

does someone have to wait to be injured? hmmm... injunctive relief anyone... and yes this would make a great law school question... I am not applying law to the situation that has been presented.

First, the right is not only for celebrities. Some states have much better (depending on how you look at it) rights of publicity statutes because of celebrities (TN, CA and NY come to mind) but the right is not exclusive to celebrities. I particularly like Tennessee's because it was drafted with Elvis Presley in mind after he had already passed! Second, the "right of publicity" does not have to be statutorily defined to be law. That is, there are common law rights that are enforceable even when one can not rely on statutes. Third, I should not have used "right of publicity" which can be a specifically defined term. Considering what a stickler for copyright/trademark language, I fell into the same trap relying on a term of art to paint a broad stroke. There are a variety of common law rights and statutes on which a business may rely to control how it is identified, portrayed or otherwise represented. edited for spacing and grammer... probably spelling too at some point

Fair use applies to copyright not the right of publicity.The right to the image lies with the photographer but the photographer can only use them to the extent that he has the rights to do so from the subject of the photographer.

No, the "work made for hire" concept applies specifically to works an employee creates in the course of employment and certain specified situations where a third party is commissioned to create a work (cooking a meal is not one of those situations) PLUS the assignment has to be in writing. (See Jacques' posting where he quotes the Copyright Act...)However, this is not a copyright issue. It is a right of publicity issue. I am not versed on DC right of publicity but considering most states are on the same page, it is well within the right of publicity for a shop owner to limit the ability of someone to take pictures and post them on the internet. No matter what the wares.

Yes, that is true BUT he took the pictures in her establishment. It is a very complicated issue.

Truer words could not be spoken and this situation will be one to which I refer for years to come. It is important to advise clients of the risks involved in sending cease & desist letters. Your client has to be prepared for (1) the letter making its way around the globe via the internet (2) unattended consequences of the letter a la bad press and (3) standing behind the letter if further action is required.nuff said

First, I sign all of my letters truly yours or very truly yours. I was actually instructed by my Big Law partners to do so. Seems to be the norm. Second, typos are such a part of life in the practice of law it is scary. As long as the typo is of no legal significance we lawyers are grateful. It does not matter how many people proofread a document there will always be typos because documents are drafted and disposed of pretty quickly (relatively speaking). Third, I believe strongly in the proprietary rights of people in the works they create. Whether or not the works are those patent or copyright protect. Intellectual Property refers to ALL intangible rights, not just copyright, trademark and patent. Somehow, the availability for all of us to be published authors and critics seems to change the way we view privacy and the right of publicity. Last Spring I remember a ruckus where some bloggers were removed from a Democratic Party meeting that was closed press. The Bloggers argued that they were not press, just individuals who happen to report what they see/observe/do to people over the Internet (I still like to capitalize Internet). The Party still removed them from the meeting and an uproar on the Blog-O-Sphere erupted. Yet, other bloggers in the same realm as those that were removed from the Democratic Party meeting have claimed that they are journalists entitled to the rights our society bestows upon journalists. BUT, the reason we bestow rights on journalists is because they (a) are supposed to be objective and ( are supposed to live by a code of ethics. I think bloggers are a great modern rendition of the town criers of old. But even town criers were liable for their words and actions. You should get permission prior to taking pictures of anything that you intend to post on the internet, publish in a magazine, sell at an art show, et al. The owner of the subject of your photograph has rights that should be respected. Out.

Again does anyone have a problem with the old blanket trick! Seriously. No problem with breast feeding but really do you need an audience? Throw a blanket over the kid and nobody would care.

Um, yes the pictures belong to the person who took them but the "cease and desist" serves to stop the use of the pictures. I need coffee too...

Yes, restaurant reviews in a news outlet would be considered news. However, I believe news outlets have to have the consent of a restaurant that is subject to a feature. That is, if I am writing for the Post and write a review of Iota, it is news. However, if I want to write a feature on music venues that have good food and want to highlight the chef and crew at Iota, I have to get permission. NOTE: I am not a First Amendment lawyer or expert, nor am I offering any legal advice on this or any other topic. Whatever you think of a shop owner's personality, they have the right to control how and when images of their goods are distributed and displayed.

Wow. I think chefs are artists. Harsh.