Weintraub Tobin

The Briefing by Weintraub Tobin

Business EN ↓ 282 episodes

In The Briefing by Weintraub Tobin, intellectual property attorney Scott Hervey and his guests discuss current IP issues related to trademark, copyright, and entertainment, as well as IP litigation and intellectual property in the news.

Author

Weintraub Tobin

Category

Business

Podcast website

thebriefing.blubrry.net

Latest episode

Jul 10, 2026

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Episodes

Trademark and Copyright Cases to Watch in 2023 03.02.2023

The Supreme Court will bring finality to several IP disputes this year.  Scott Hervey  and Josh Escovedo provide an overview of the trademark and copyright cases to watch on this episode of The Briefing by the IP Law Blog. Watch this episode on the Weintraub YouTube channel here .   Show Notes: Josh: It’s always good to start off the year with an overview of the trademark and copyright cases...

2023 IP Resolutions Start with a Review of IP Assets 27.01.2023

The start of a new year is a good opportunity for companies to review and take stock of their intellectual property assets.  Scott Hervey  and Josh Escovedo talk about the importance of this review on this episode of The Briefing by the IP Law Blog . Watch this episode on the Weintraub YouTube channel here . Show Notes: Scott: As 2023 commences, it’s time for companies to take review and take stoc...

The Strength of a Trademark 22.01.2023

Trademarks perform a number of important functions.  Scott Hervey  and Josh Escovedo discuss the spectrum of trademark strength in this episode of  The Briefing by the IP Law Blog . Watch this episode here .   Show Notes: Scott: Trademarks perform a number of important functions. They are consumer road signs; they tell consumers which products to buy. They are a company’s public persona; they...

Viacom Wins Trademark Dispute Over MTV’s ‘Floribama Shore’ 13.01.2023

An 11th Circuit Opinion in the ‘Floribama Shore’ trademark case provides guidance on establishing artistic relevance under the Rogers Test. Scott Hervey  and Josh Escovedo talk about this case in this episode of The Briefing by the IP Law Blog. Watch this episode here . Show Notes: Scott: Despite challenges to the application of the Rogers test outside of traditional artistic works, th...

Supreme Court Takes Up Jack Daniel’s-Bad Spaniels Trademark Dispute 06.01.2023

The Supreme Court granted Jack Daniel’s petition for certiorari and will hear the trademark infringement case involving a parody dog chew toy that resembles the Jack Daniel’s Whiskey Bottle. Scott Hervey  and Josh Escovedo discuss this latest development in this episode of The Briefing by the IP Law Blog . Watch this episode here .  

The Yonays Take the First Sortie in Copyright Fight With Paramount Over Top Gun Maverick 30.12.2022

The heirs of the author who wrote an article upon which “Top Gun” is based, claims the film’s sequel is an infringing derivative work. Paramount has since filed a motion to dismiss the case. Scott Hervey  and Josh Escovedo discuss this on The Briefing by the IP Law Blog. Watch this episode here . Show Notes: Scott: We previously reported on the copyright lawsuit filed by the heir...

After 70 Years, Supreme Court Will Once Again Weigh in on The Exterritorial Reach of Lanham Act 23.12.2022

The U.S. Supreme Court will weigh in on the reach of the Lanham Act and whether it can protect against the infringement of a U.S. trademark in a foreign territory. Scott Hervey  and Josh Escovedo discuss this case in this episode of The Briefing by the IP Law Blog. Watch this episode here . Show Notes: Scott: What’s the reach of the Lanham act? Can it protect against the infringement of a U.S. tra...

Jack Nicklaus Companies Landed Hole-In-One With Court’s Recent Injunction 16.12.2022

In this 100th episode of The Briefing by the IP Law Blog , Scott Hervey  and Josh Escovedo talk about a company founded by Jack Nicklaus that was awarded a preliminary injunction enjoining him from using his name, image, & likeness in commercial endorsement deals. Watch this episode here . Show Notes: Scott: A company founded by Jack Nicklaus, Nicklaus Companies, LLC has been awarded a prelimi...

The Sneakerhead Breakup of the Century – Yeezy and Adidas 09.12.2022

Adidas, which manufactures and sells the wildly popular “Yeezy” line of shoes in partnership with rapper Kanye West, recently terminated the relationship after anti-Semitic statements by the star. In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the trademark and contract issues that Adidas is navigating with shoe designs and future related de...

Vogue Sues 21 Savage and Drake Over Imitation Vogue Cover Marketing Campaign 02.12.2022

Vogue Magazine is suing 21 Savage and Drake after they created mock Vogue Magazines to market their new album. Scott Hervey  and Josh Escovedo discuss the dispute on this episode of The Briefing by the IP Law Blog . Watch this episode here . Show Notes: Josh: Conde Nast, the publisher of Vogue magazine, filed a Complaint against Drake and 21 Savage in the United States District Court for the South...

Law Firm’s Suit Against Namesake Provides Two Important Trademark Lessons 23.11.2022

A law firm has filed a trademark infringement lawsuit against its namesake. Scott Hervey  and Josh Escovedo discuss this case in this installment of The Briefing by the IP Law Blog . Watch this episode here .   Show Notes:  Scott: Lewis Brisbois Bisgaard & Smith, LLP is suing Lewis Brisbois Bisgaard & Smith, LLP in a Texas federal court for trademark infringement. No, this is not law...

Cardi B Makes Money Moves with the Jury and Prevails in IP Trial 18.11.2022

Cardi B was cleared of liability in an action alleging that she misappropriated a man’s likeness by using his unique back tattoo on the cover of her 2016 mixtape. Scott Hervey  and Josh Escovedo discuss this in this installment of The Briefing by the IP Law Blog. Watch this episode here . Show Notes: Josh: Rap star Cardi B has been cleared of liability by a California jury in the Central District...

Hermès Tries to Bag Digital Designer Selling MetaBirkin NFTs 10.11.2022

Hermès is suing an artist for trademark infringement over his series of digital artworks called MetaBirkins. Scott Hervey  and Josh Escovedo discuss the case on this episode of The Briefing by the IP Law Blog . Watch this episode on the Weintraub YouTube channel here .

NBA Star Luka Doncic Goes Hard in the Paint and Seeks to Cancel Mom’s Trademark (Part 2) 04.11.2022

In this episode of The Briefing by the IP Law Blog ,  Scott Hervey  and Josh Escovedo discuss developments in the trademark dispute between NBA star Luka Doncic and his mother. Watch this episode here .

NBA Star Luka Doncic Goes Hard in the Paint and Seeks to Cancel Mom’s Trademark (Part 1) 28.10.2022

In this episode of The Briefing by the IP Law Blog ,  Scott Hervey  and Josh Escovedo discuss a trademark dispute between NBA Star Luka Doncic and his mother. Watch this episode here .

Tattoo Artist Copyright Win Will Create Uncertainty Over Celebrities with Tattoos 21.10.2022

As Scott Hervey previously wrote on the IP Law Blog, a tattoo artist won a copyright lawsuit against a video game publisher for showcasing an athlete with their tattoo design in a game. Scott and Josh Escovedo discuss the case on this episode of The Briefin g. Watch this episode here . Read Scott’s article here . Show Notes: Scott:   A jury in the district court for the southern district of...

Titania v. She-Hulk: Trademark Infringement in the Marvel Universe 16.10.2022

In this episode of The Briefing by the IP Law Blog ,  Scott Hervey  and Josh Escovedo discuss a recent episode of Marvel’s “She-Hulk: Attorney at Law” and the accuracy of a trademark infringement case featured on the show. Watch this video here .   Show Notes: Josh: The last few weeks, every Thursday night in my household, we sit down to watch the latest episode of She-Hulk...

Defamation by Docudrama – Inventing Anna 07.10.2022

In this episode of The Briefing by the IP Law Blog ,  Scott Hervey  and Josh Escovedo discuss a defamation dispute between Rachel Williams – a victim of con artist Anna Sorokin – and Netflix, over her portrayal in the docudrama “Inventing Anna.” Watch this episode here . Show Notes: Scott: Netflix finds itself mired in yet another defamation and false light lawsuit, this on...

The Essential Purpose of the Short Form Copyright Assignment (Archive) 30.09.2022

In this archive episode of The Briefing by the IP Law Blog , Scott Hervey  and Josh Escovedo explain the importance of short-form copyright assignment agreements. Read more about this topic here .

Paramount is Ready to Dogfight in Top Gun Maverick Copyright Lawsuit 23.09.2022

In this episode of The Briefing by the IP Law Blog , Scott Hervey  and Josh Escovedo discuss Paramount’s motion to dismiss a copyright infringement lawsuit relating to ‘Top Gun: Maverick.’ Watch this episode here . Show Notes: Scott: Paramount came into the Top Gun Maverick copyright lawsuit guns hot by filing a motion to dismiss claiming that the sequel to the 1986 motion pictur...

Evel Knievel IP Lawsuit Against Disney Crashes and Burns 16.09.2022

In this episode of The Briefing by the IP Law Blog , Scott Hervey  and Josh Escovedo provide an update on the IP dispute between the heirs of Evel Knievel and Disney, over claims of similarities between the late daredevil and the “Toy Story 4” character Duke Caboom. Watch this episode here . Show Notes: Josh The Ninth Circuit refused to revive a lawsuit filed by Evel Knievel’s son alleging that Di...

Mattel Isn’t Toying Around About Nicki Minaj Barbie-Que Chips 09.09.2022

In this episode of The Briefing by the IP Law Blog , Scott Hervey  and Josh Escovedo discuss a Trademark dispute between toy maker Mattel and Rap Snacks after the snack company launched ‘Barbie-Que Chips’ in collaboration with rapper Nicki Minaj. Watch this episode here . Show Notes: Josh: The toy maker Mattel has filed an action against Rap Snacks in the United States District Court f...

Fox Wins Another Copyright Lawsuit Over ‘Empire’ Character 02.09.2022

In this episode of The Briefing by the IP Law Blog , Scott Hervey  and Josh Escovedo discuss an author’s copyright lawsuit against Fox and the producers of ‘Empire,’ alleging one of the show’s characters was inspired by her biography. Watch this episode here .

Miami Dolphins Coach Gets Sacked on Motion to Dismiss 26.08.2022

In this episode of T he Briefing by the IP Law Blog , Scott Hervey  and Josh Escovedo discuss a copyright infringement dispute between a sports psychologist and Miami Dolphins defensive back coach Gerald Alexander. Watch this episode here .

Unofficial Bridgerton Musical – Fair Use or Infringing Fan Fiction 19.08.2022

In this episode of The Briefing by the IP Law Blog , Scott Hervey  and Josh Escovedo discuss an intellectual property dispute between Netflix and two digital content creators who wrote a musical inspired by the hit Netflix series, Bridgerton. Watch this episode on the Weintraub YouTube channel, here .

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