Comments for McIlvaine Law Firm http://www.mcilvainelaw.com/blog A St. Louis, Missouri Trademark Law Firm Tue, 07 Sep 2010 12:57:00 +0000 http://wordpress.org/?v=2.2.2 Comment on Vanna White and the Naked Cowboy by Spencer http://www.mcilvainelaw.com/blog/?p=45#comment-13 Spencer Thu, 06 Mar 2008 18:48:51 +0000 http://www.mcilvainelaw.com/blog/?p=45#comment-13 Thanks to Ann for sending me the first article on this weeks ago. Thanks to Ann for sending me the first article on this weeks ago.

]]> Comment on Exciting update on the Constitutionality of Pants! by VexedAngel http://www.mcilvainelaw.com/blog/?p=38#comment-11 VexedAngel Fri, 04 Jan 2008 13:31:45 +0000 http://www.mcilvainelaw.com/blog/?p=38#comment-11 I could see both... but I vote it is race neutral--I've seen plenty of teens of a variety of races with super saggy pants. Although I suppose there is one race that may be more represented in the saggy pants population... hmmm I guess we'll see how they enforce? I could see both… but I vote it is race neutral–I’ve seen plenty of teens of a variety of races with super saggy pants. Although I suppose there is one race that may be more represented in the saggy pants population… hmmm I guess we’ll see how they enforce?

]]> Comment on Scholars Debate Constitutionality of Pants by Entertainment Law Blog http://www.mcilvainelaw.com/blog/?p=36#comment-10 Entertainment Law Blog Wed, 02 Jan 2008 19:30:18 +0000 http://www.mcilvainelaw.com/blog/?p=36#comment-10 [...] After a month off for the holidays (and grading exams) we can now return to our regularly scheduled blogging.  And what better way to start than with a follow up to a story from one month ago…the Constitution versus saggy pants. [...] […] After a month off for the holidays (and grading exams) we can now return to our regularly scheduled blogging.  And what better way to start than with a follow up to a story from one month ago…the Constitution versus saggy pants. […]

]]> Comment on Romantics say Activision Appropriated the Band’s Likeness by umcthomas http://www.mcilvainelaw.com/blog/?p=35#comment-9 umcthomas Mon, 03 Dec 2007 01:31:54 +0000 http://www.mcilvainelaw.com/blog/?p=35#comment-9 So, it seems to me that the Romantics would have to prove that the game version can be easily mistaken for them. Given the game convention to note when it is not the original band and that this convention has been established in the past games so it could easily have been reviewed by the Romantics (or whoever makes the decisions for them) it seems that they do not have a case. I think you could also go a little further in assuming that the contract Activision gets for this spells out how it will be acknowledged in the game that it is not the original version of the song. So, it seems to me that the Romantics would have to prove that the game version can be easily mistaken for them. Given the game convention to note when it is not the original band and that this convention has been established in the past games so it could easily have been reviewed by the Romantics (or whoever makes the decisions for them) it seems that they do not have a case.

I think you could also go a little further in assuming that the contract Activision gets for this spells out how it will be acknowledged in the game that it is not the original version of the song.

]]> Comment on Romantics say Activision Appropriated the Band’s Likeness by Spencer http://www.mcilvainelaw.com/blog/?p=35#comment-8 Spencer Tue, 27 Nov 2007 19:41:50 +0000 http://www.mcilvainelaw.com/blog/?p=35#comment-8 Thanks to Thomas Robins for finding this over Thanksgiving weekend. Thanks to Thomas Robins for finding this over Thanksgiving weekend.

]]> Comment on Early disclosure of store advertisement by Entertainment Law Blawg — Presented by McIlvaine Law Firm, LLC » Complaint and Answer in Circuit City Ad case http://www.mcilvainelaw.com/blog/?p=15#comment-3 Entertainment Law Blawg — Presented by McIlvaine Law Firm, LLC » Complaint and Answer in Circuit City Ad case Fri, 24 Aug 2007 21:04:28 +0000 http://www.mcilvainelaw.com/blog/?p=15#comment-3 [...] I blogged earlier, Circuit City is attempting to discover the real world identity of user [...] […] I blogged earlier, Circuit City is attempting to discover the real world identity of user […]

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