The Briefing by Weintraub Tobin

There is some concern that the Supreme Court’s decision in Andy Warhol Foundation v. Goldsmith will harm the documentary filmmaking community. Scott Hervey and Tara Sattler discuss the implications of this case on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel here . Show Notes: Scott: When Andy Warhol Foundation versus Goldsmith was pending before the Supr...

The U.S. Supreme Court recently decided that trademark infringement claims under the Lanham Act only apply if the infringing “use in commerce” occurs in the United States. Scott Hervey and Tara Sattler talk about this case on this installment of The Briefing. Watch this episode on the Weintraub YouTube channel here . Show Notes: Tara: Extraterritorial? Not quite for the Lanham Act. The U.S....

The subjects of a documentary have dropped their long-standing defamation lawsuit against Netflix and producers. Scott Hervey and Jamie Lincenberg talk about this case on this episode of The Briefing by the IP Law Blog. Watch this episode on the Weintraub YouTube channel here .   Show notes: Scott: As of last week, a longstanding lawsuit against Netflix and producers, Doc Shop Productions, ha...

The U.S. Supreme Court provided clarification on the application of the Rogers test in relation to Jack Daniels v. VIP Products. Scott Hervey and Jamie Lincenberg talk about this ruling on this episode of The Briefing by the IP Law Blog. Watch this episode on the Weintraub YouTube channel here . Show Notes: Scott: In the case of Jack Daniel’s Properties, Inc. v. VIP Products, the Supreme Court has...

A court denied Netflix’s request for GoTV Streaming to supply documents relating to the source of its patent litigation funding. Scott Hervey and Eric Caligiuri discuss this dispute on this episode of The Briefing by the IP Law Blog . Watch this episode on the Weintraub YouTube channel here . Read more about this case here .

The U.S. Supreme Court will hear the USPTO’s appeal of a Federal Circuit ruling that allows individuals to register trademarks using the name of a living person without their consent. Scott Hervey  and  Tara Sattler discuss this on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel here . Show Notes: Tara: The U.S. Supreme Court has agreed to hear the USPTO’s appeal...

The U.S. Supreme Court ruled in Andy Warhol Foundation v. Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law.  Scott Hervey  and  Tara Sattler talk about this decision on this episode of The Briefing by the IP Law Blog. Watch this episode on the Weintraub YouTube channel here . Cases Discussed: Andy Warhol Foundation v. Goldsmith Campbell v...

While iconic catchphrases from TV and film can hold significant equity, protection of them can be spotty. Scott Hervey  and  Tara Sattler talk about the protectability of short phrases on this episode of  The Briefing by the IP Law Blog . Watch this episode on the Weintraub YouTube channel here .   Show Notes: Scott: Show me the money. Who you going to call? Go ahead, make my day. These are a...

The Trademark Trial and Appeals Board denied an application to register a trademark for essential oil dispensers meant to fill smoking devices with cannabis-based oils. Scott Hervey and Tara Sattler talk about this case on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel here . Show notes: Scott: On May 3, the TTAB issued a precedential opinion denying an applicati...

Major League Baseball player Aaron Judge went before the Trademark Trial and Appeals Board to block a person’s attempt to secure trademark rights for slogans that play on his name.  Scott Hervey  and Josh Escovedo discuss this dispute on this episode of The Briefing by the IP Law Blog. Watch this episode on the Weintraub YouTube channel here . Show Notes: Josh: Welcome to the Briefing. Today...

The Universal Music Group is accusing a TikTok creator of copyright infringement after they published an AI-Generated song that was made to sound like a Drake and Weeknd collaboration. Scott Hervey and Josh Escovedo discuss this dispute in this episode of The Briefing by the IP Law Blog. Watch this episode on the Weintraub YouTube channel here . Cases Discussed: Middler v. Ford Astley v. Matthew H...

Popular food chains Chipotle and Sweetgreen settled a trademark dispute relating to Sweetgreen’s use of ‘CHIPOTLE’ on its menu. Scott Hervey and Josh Escovedo talk about this dispute on this episode of The Briefing by the IP Law Blog . Watch this episode on the Weintraub YouTube channel here . Show Notes: Scott: I’m Scott Hervey with Weintraub Tobin. Josh: And I’m Josh Escovedo w...

Journalist Bob Woodward asked the court to dismiss former President Trump’s copyright infringement claim regarding Woodward’s audio book “The Trump Tapes,” which consists of 20 raw audio interviews with Trump.  Scott Hervey  and Josh Escovedo talk about this case on this episode of  The Briefing by the IP Law Blog. Watch this episode on the Weintraub YouTube channel here . Cases Discussed: Trump v...

The Supreme Court has finally heard arguments in the VIP Products v. Jack Daniels case, in which the whiskey company accused the dog toy maker of infringing its trademark with its whiskey bottle chew toy. Scott Hervey and Josh Escovedo discuss this dispute in the episode of The Briefing by the IP Law Blog. Watch this episode on the Weintraub YouTube channel here . Show Notes: Scott: I’m Scott Herv...

The Anne of Green Gables Licensing Authority is accusing a New York theater production company of trademark infringement for producing a show titled ‘Anne of Green Gables – The Musical.’ Scott Hervey and Josh Escovedo talk about this dispute on this episode of The Briefing by the IP Law Blog . Watch this episode on the Weintraub YouTube channel here . Cases Discussed: Anne With A...

The NFL and Las Vegas Raiders threatened to sue a local law firm for trademark infringement, after the firm hired one of its athletes to appear in an advertisement with black and silver branding.  Scott Hervey  and Josh Escovedo talk about this dispute on this episode of The Briefing by the IP Law Blog . Watch this episode on the Weintraub YouTube channel here . Show Notes: Scott: I’m Scott Hervey...

The US Copyright Office issued a policy statement regarding the registration of works that contain material generated by AI technology. Scott Hervey and Josh Escovedo talk about this clarification on this episode of The Briefing by the IP Law Blog . Watch this episode on the Weintraub YouTube channel here . Show Notes: Scott: With the buzz still fresh from the copyright office’s partial revocation...

The United States Patent and Trademark office has suspended action on trademark applications targeting the names of public figures. Scott Hervey and Josh Escovedo talk about this case on this episode of The Briefing by the IP Law Blog . Watch this episode on the Weintraub YouTube channel here . Show Notes: Scott: I’m Scott Hervey with Weintraub Tobin. Josh: I’m Josh Escovedo with Weintraub Tobin....

The U.S. Copyright Office instituted an inquiry into a registration relating to a graphic novel that uses AI-generated artwork. Scott Hervey  and Josh Escovedo  talk about this case on this episode of The Briefing by the IP Law Blog. Watch this episode on the Weintraub YouTube channel here .   Show Notes: Scott: Kristina Kashtanova is the author of the graphic novel, Zarya of the Dawn . Ms. K...

Singer Rick Astley is suing rapper Yung Gravy for vocal imitation in his smash hit, Betty (Get Money).  Scott Hervey  and Josh Escovedo talk about this case on this episode of The Briefing by the IP Law Blog . Watch this episode on the Weintraub YouTube channel here . Cases discussed: Richard “Rick” Paul Astley vs. Matthew Hauri PKA Yung Gravy; Nick Seeley PKA Popnick; Dillon Francis; David Wilson...

Getty Images filed a lawsuit against startup tech company Stability AI for allegedly scraping more than 12 million photographs from Getty Images’ portfolio without consent. Scott Hervey  and Josh Escovedo discuss this case on this episode of The Briefing by the IP Law Blog. Watch this episode on the Weintraub YouTube channel here . Cases discussed: Getty Images (US), Inc. v. Stability AI, In...

The jury hearing Hermes v. Rothschild found the artist’s ‘MetaBirkin’ NFTs constitutes trademark infringement and trademark dilution. Scott Hervey  and Josh Escovedo talk about this case on this episode of The Briefing by the IP Law Blog . Watch this episode on the Weintraub YouTube channel here .   Show Notes: Scott: The jury hearing Hermes v Rothschild found Rothschild lia...

Journalist Bob Woodward conducted an audio interview with former President Donald Trump for his book ‘Rage’ and later released the tapes as its own audiobook. Now, Trump is suing for copyright infringement. Scott Hervey and Josh Escovedo talk about this case on this episode of The Briefing by the IP Law Blog .   Cases discussed: TRUMP v. SIMON & SCHUSTER INC et al Falwell v. P...

A Florida bankruptcy court has terminated FTX’s naming rights agreement for an NBA arena. Scott Hervey and Josh Escovedo discuss this case on this episode of The Briefing by the IP Law Blog . Watch this episode on the Weintraub YouTube channel, here .  

The recent Reilly v. Wozniak 9th Circuit decision upheld a 1950s ruling that requires a promise to pay to be present for an implied contract to exist. Scott Hervey and Josh Escovedo discuss this case and how the Desny decision applies to idea theft cases in California in this episode of The Briefing by the IP Law Blog . Watch this episode on the Weintraub YouTube channel here . Show Notes: S: In a...