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

NY Court Catches Bieber Fever, Denying RHODE NYC’s Motion for Preliminary Injunction 12.08.2022

In this episode of The Briefing by the IP Law Blog,  Scott Hervey  and Josh Escovedo discuss a Trademark Infringement Lawsuit filed by the clothing brand RHODE NYC against Hailey Beiber’s new skincare line RHODE. Watch this episode, here .

Is the Server Test Ready for a Reboot? 05.08.2022

In this episode of The Briefing by the IP Law Blog , Weintraub attorneys Scott Hervey and Josh Escovedo discuss the impact of Alexis Hunley, et al v. Instagram, LLC on copyright law, specifically on the Server Test. Considered one of the top copyright cases to watch, Hunley deals with the practice of “embedding” and its copyright implications. Watch the video of this episode here. Read...

Seattle Space Needle Pokes at Local Coffee Shop’s Logo 29.07.2022

In this episode of The Briefing by the IP Law Blog ,  Scott Hervey  and Josh Escovedo discuss a trademark infringement dispute between the Seattle Space Needle and a local coffee shop over the cafe’s use of the Space needle’s image in its logo. Watch this episode on Weintraub’s YouTube channel, here .

What Makes a Character Protectable Under Copyright 22.07.2022

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a copyright dispute between Carroll Shelby Licensing and the widow of the late filmmaker H. B. Halicki regarding copyright protection granted to Eleanor, a car featured in the 1974 film “Gone in 60 Seconds.” Watch this episode on the Weintraub YouTube channel, here .

THE Ohio State University Registers “The” as a Trademark 15.07.2022

In this episode of The Briefing by the IP Law Blog,  Scott Hervey  and Josh Escovedo discuss Ohio State University’s trademark registration for the word THE. Watch this episode on the Weintraub YouTube channel here .

2nd Circuit to Determine if Rogers Test Fits Shoe Trade Dress Dispute Between MISCHF and Vans 08.07.2022

In this episode of The Briefing by the IP Law Blog,  Scott Hervey  and Josh Escovedo discuss a dispute between Vans and MSCHF, over MSCHF’s new sneaker line that contains “striking visual similarities” to Vans shoes and packaging. Watch this episode on the Weintraub YouTube channel, here .

Update – Andy Warhol Foundation Urges Supreme Court to Reverse Fair Use Decision 01.07.2022

In this episode of The Briefing by the IP Law Blog, Scott Hervey  and Josh Escovedo  provide an update on the copyright dispute between a photographer and the Andy Warhol Foundation over several Warhol paintings that utilize the photographer’s images as source material. Watch this episode on the Weintraub YouTube channel, here .

Top Gun Maverick – Right Into The Copyright Lawsuit Zone 24.06.2022

In this episode of The Briefing by the IP Law Blog ,  Scott Hervey  and Josh Escovedo discuss a copyright dispute, in which the heirs of the author who inspired the movie “Top Gun” claim that the film’s sequel infringes on their copyright to the story. Watch this episode on the Weintraub YouTube channel, here .

What The Settlement of Ratajkowski/Paparazzi Copyright Lawsuit Means For Fair Use 17.06.2022

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo provide an update on the copyright infringement dispute between a paparazzo and Emily Ratajkowski, and discuss the settlement’s implications for Fair Use. Watch this episode on the Weintraub YouTube channel, here .

Judge Throws a Flag on the Play in USFL IP Litigation 10.06.2022

In this episode of The Briefing by the IP Law Blog ,  Scott Hervey  and Josh Escovedo provide an update on the dispute between the original USFL and Fox, over the network’s attempt to revive the football league. Watch this episode on the Weintraub YouTube channel, here .

The Supreme Court Grants Certiorari in Copyright Infringement Action Involving Warhol, Prince, and Goldsmith 02.06.2022

In this episode of The Briefing by the IP Law Blog ,  Scott Hervey  and Josh Escovedo discuss a photographer’s copyright infringement action against the Andy Warhol Foundation, over several Warhol paintings that utilize the photographer’s images as source material. Watch this episode on the Weintraub YouTube channel, here .

Senator Hawley Targets Disney with So-Called Copyright Reform Bill 27.05.2022

In this episode of The Briefing by the IP Law Blog ,  Scott Hervey  and Josh Escovedo discuss Senator Josh Hawley’s proposed copyright bill and its implications for the Walt Disney Company. Watch this episode on the Weintraub YouTube channel, here .

An Idea Doesn’t Have to be Novel to be Stolen (In California) 20.05.2022

In this episode of The Briefing by the IP Law Blog ,  Scott Hervey  and Josh Escovedo discuss idea theft claims in California and whether the issue of novelty can be an element of the case. Watch this episode on the Weintraub YouTube channel, here .

Jerry West Thinks His Portrayal in HBO’s “Winning Time” is a Loser 13.05.2022

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a dispute between Jerry West and HBO over his portrayal in the Lakers docudrama “Winning Time.” Watch this episode on the Weintraub YouTube channel, here .

The Original USFL Throws a Flag at Fox’s Attempted Revival of the United States Football League 06.05.2022

In this episode of The Briefing by the IP Law Blog ,  Scott Hervey  and Josh Escovedo discuss a dispute between the original USFL and Fox, over the network’s attempt to revive the football league. Watch this episode on the Weintraub YouTube channel, here .

The Case of the Stolen Ampersand and the (Non)Protectability of Fonts 29.04.2022

In this episode of The Briefing by the IP Law Blog ,  Scott Hervey  and Josh Escovedo discuss an intellectual property dispute between a typeface designer and Banana Republic, over the retailer’s use of a stylized ampersand design. Watch this episode on the Weintraub YouTube channel, here .

SCOTUS Issues First IP Ruling of 2022 in Unicolors, Inc. v. H&M Hennes & Maurits, LP 22.04.2022

In this episode of The Briefing by the IP Law Blog ,  Scott Hervey  and Josh Escovedo discuss the Supreme Court’s first intellectual property ruling of 2022. Watch this episode on the Weintraub YouTube channel, here .

March Madness Marketing Rebounds With a New Twist 15.04.2022

In this episode of The Briefing by the IP Law Blog ,  Scott Hervey  and Josh Escovedo discuss how marketing practices changed for the March Madness tournament this year, and what that meant for athletes. Watch this episode on the Weintraub YouTube channel, here .

Supreme Court Petitioned to Overturn 8th Circuit’s Holding on Architectural Plans that Upends “Standard Marketing Practices” in Real Estate Industry 07.04.2022

In this episode of The Briefing by the IP Law Blog ,  Scott Hervey  and Josh Escovedo discuss the 8th Circuit’s opinion on copyright protection for architectural plans that could uphend “standard marketing practices” in Real Estate. Watch this episode on the Weintraub YouTube channel, here .

Cookie Co’s Motion to Dismiss Trademark Lawsuit by Restaurant Crumbles 31.03.2022

In this episode of The Briefing by the IP Law Blog ,  Scott Hervey  and Josh Escovedo discuss a trademark dispute between a restaurant and a craft cookie maker, over the use of similar marks for cookies. Watch this episode on the Weintraub YouTube channel, here .

Heirs of Evel Knievel Clearly Do Not Have a Friend in Disney 25.03.2022

In this episode of The Briefing by the IP Law Blog ,  Scott Hervey  and Josh Escovedodiscuss a 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 on the Weintraub YouTube channel,  here.

Hermès Attempts to Bag Digital Creator Selling MetaBirkin NFTs 17.03.2022

In this episode of The Briefing by the IP Law Blog ,  Scott Hervey  and Josh Escovedo discuss a Trademark dispute between luxury retailer Hermès and a digital artist over his creation of Birkin Bag NFTs. Watch this episode on the Weintraub YouTube channel, here .  

Copyright Office Rejects Application for A.I. Created Art Work 10.03.2022

In this episode of The Briefing by the IP Law Blog ,  Scott Hervey  and Josh Escovedo discuss the U.S. Copyright Office’s refusal to register a copyright for a piece of artwork created by Artificial Intelligence. Watch this episode on the Weintraub YouTube channel, here .

Nike Tries to Stomp Out StockX’s Attempt to Sell NFTs of Nike Sneakers 03.03.2022

In this episode of The Briefing by the IP Law Blog ,  Scott Hervey  and Josh Escovedo discuss Nike’s attempt to stop StockX from selling NFT’s of Nike sneakers. Watch this episode on the Weintraub YouTube channel, here .

If a Photograph is Infringed But No One Sees it, is it Still Infringement? 24.02.2022

In this episode of The Briefing by the IP Law Blog ,  Scott Hervey  and Josh Escovedo discuss a photographer’s copyright infringement lawsuit against a travel website that stored his image on a webpage where it’s unlikely to be viewed by the public. Watch this episode on the Weintraub Youtube channel, here .

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