The Briefing by the IP Law Blog

By Weintraub Tobin

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Episodes: 199

Description

In The Briefing by the IP Law Blog, 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.

Episode Date
Millions at Stake: How 2 Live Crew Beat Bankruptcy to Reclaim Their Music
Nov 15, 2024
Bad Spirits – How a Dog Toy Changed TV Title Clearance
Nov 08, 2024
The Dark Side of Halloween – Unlicensed Costumes and the Legal Haunt
Oct 31, 2024
The Fall of SUPER HERO: When Trademarks Become Generic
Oct 25, 2024
New California Laws for Digital Replicas Both Live and Dead
Oct 18, 2024
Trump Train Derailed In “Electric Avenue” Copyright Lawsuit
Oct 11, 2024
“Hold On” You Can’t Use That Music in Your Presidential Campaign
Oct 04, 2024
Fake Reviews, Real Consequences: Consumer Review Dos and Don’ts
Sep 27, 2024
Punchbowl News’ Trademark Win Despite Rogers Setback
Sep 20, 2024
Does This Court’s Ruling Put an End to Tattoo Copyright Cases?
Sep 13, 2024
Late Night, Early Dismissal: The Santos-Kimmel Copyright Case
Sep 06, 2024
Deep Dive into the NO FAKES Act
Aug 30, 2024
Thirsty for Clarity – Brand Confusion In The Beverage Category
Aug 23, 2024
Affiliate Marketing vs Retail Services – TTAB’s Landmark Ruling
Aug 16, 2024
How to Avoid Bearing The Risks of A Naked License (Featured)
Aug 09, 2024
IOC Goes For Gold In Trademark Suit Over Logan Paul – Kevin Durrant Sports Drink
Aug 03, 2024
No Copyright Protection in Fitness Routines for Celebrity Trainer Tracy Anderson
Jul 26, 2024
Closing The Royalty Loophole Push for a Public Performance Right in Sound Recordings
Jul 19, 2024
Not Terminated – Cher Still Entitled to Her Share of Music Royalties
Jul 12, 2024
The Strength of a Trademark (Archive)
Jul 05, 2024
Supreme Court Holds Copyright Damages Can Go Beyond 3 Years
Jun 28, 2024
The Briefing: Is the FTC Recent Rule on Non-Competes a New Reality for Reality TV Stars
Jun 21, 2024
Scarlett Johansson vs Chat GPT What the Legal Claims Would Look Like
Jun 14, 2024
Another Court Gets It Right in Tattoo Copyright Dispute
Jun 07, 2024
Paramount Splashes Top Gun Maverick Copyright Lawsuit
May 31, 2024
Filmmakers Express Concern Over Impending Death of ‘Biographical Anchor’ Fair Use Basis
May 24, 2024
Netflix Defamation Lawsuit About Inventing Anna – Not an Imposter
May 17, 2024
Brandy Melville Doubles Down Against Redbubble
May 10, 2024
How “knockoff” Furniture Landed Kim Kardashian in an IP Lawsuit
May 03, 2024
Authors Get Mixed Results with Initial Skirmish in OpenAI Lawsuit
Apr 26, 2024
Tennessee’s ELVIS Act Isn’t What You Think
Apr 19, 2024
Navigating the Legal Risks for Brands in Social Media Marketing – Part 2
Apr 12, 2024
Navigating the Legal Risks for Brands in Social Media Marketing – Part 1
Apr 05, 2024
Defamation by Docudrama – Inventing Anna (ARCHIVE)
Mar 29, 2024
Truth Maybe Crazy, But Truth Just Got Kanye West Out of a Defamation Case
Mar 23, 2024
The Patent Puzzle: USPTO’s Guidelines for AI Inventions
Mar 15, 2024
How Far Back Can You Go: Supreme Court to Decide Circuit Split on Recovery of Copyright Damages
Mar 08, 2024
Writers, Actors, AI: The AI Centric Changes to the WGA and SAG Agreements
Mar 02, 2024
Tag, You’re Sued: Graffiti Artists Sue Over Use of Their Tags
Feb 23, 2024
Nirvana Stuck in Lawsuit Over “Nevermind” Album Cover
Feb 16, 2024
Brandy Melville v Redbubble: Navigating Contributory Infringement
Feb 09, 2024
Ninth Circuit Pulls Back Rogers Test in Light of Jack Daniels Decision
Feb 02, 2024
It’s Not Yabba-Dabba-Delicious – TTAB Denies Color Mark for Post Fruity Pebbles!
Jan 26, 2024
Beyond the Hashtag: FTC Revises Guidelines for Endorsement Use in Advertising
Jan 19, 2024
The Protectability of Short Phrases (Archive)
Jan 12, 2024
IP Rights and the “Public Good” Exemption to California’s Anti-SLAPP Law: An Update
Jan 05, 2024
Merry Litigation: All I Want for Christmas is a Copyright Infringement Lawsuit
Dec 22, 2023
Jingle Brawl: The Battle for ‘Queen of Christmas’
Dec 15, 2023
Netflix to Pay $2.5M to GoTV for Patent Infringement
Dec 08, 2023
Once Upon A Time – SCOTUS Rejects Trademark Infringement Claim Against Quentin Tarantino Film
Dec 01, 2023
Are LEGO Creations Based on Religious Texts Eligible for Copyright Protection?
Nov 22, 2023
SCOTUS to Determine if USPTO Refusal to Register TRUMP TOO SMALL is Unconstitutional
Nov 17, 2023
AI Training and Copyright Infringement: Lessons from the Ross Intelligence Case
Nov 09, 2023
Tattoos, Tiger King, and Copyright Lawsuits – Oh My – Cramer v. Netflix
Nov 03, 2023
Is Linda Fairstein’s Portrayal in Netflix’s “When They See Us” Fair?
Oct 27, 2023
When Parmesan isn’t Parmesan – Cheese Consortium Attempts to Fight Off Counterfeit Cheese
Oct 20, 2023
Unmasking Luxury Knockoffs: Amazon Sues Influencers for Promoting Counterfeit Goods
Oct 13, 2023
The AI Copyright Conundrum Continues – An Update
Oct 06, 2023
Judge Finds Lyrics and Themes “Guns, Money, and Jewelry” Too Commonplace for Copyright Protection
Sep 29, 2023
Court Rejects Dirt.com’s Post-Warhol Fair Use Defense in Photographer’s Copyright Lawsuit
Sep 22, 2023
Failure to Disclose Relationship with Real Party in Interest Results in Serious Sanctions
Sep 15, 2023
How to Avoid Bearing The Risks of A Naked License
Sep 08, 2023
A Prototypical Corporate Salesperson is Not Patentable
Sep 01, 2023
Deepfakes vs Right of Publicity: Navigating the Intersection Between Free Speech and Protected Rights
Aug 25, 2023
Shedding Light on ‘Willful Blindness’: Brandy Melville v Redbubble
Aug 18, 2023
No CTRL-ALT-DEL For the Server Test
Aug 11, 2023
Zillow Loses Second Round of Copyright Fight
Aug 04, 2023
Is Warhol Bad for Documentarians?
Jul 28, 2023
The Supreme Court Limits the Reach of The Lanham Act
Jul 21, 2023
Netflix Settles Defamation Dispute with Docu Film Subjects
Jul 14, 2023
Bad Spaniels in the Doghouse – Jack Daniels Prevails in Trademark Fight
Jul 07, 2023
Court Rules Litigation Funding Not Relevant in Netflix v. GoTV
Jun 30, 2023
USPTO Suspends Applications Including Criticisms of Known Living Figures
Jun 23, 2023
What Now for Fair Use After Warhol v. Goldsmith
Jun 16, 2023
The Protectability of Short Phrases
Jun 09, 2023
No Beating Around the Bush: TTAB Upholds Anti-Pot Policy
Jun 02, 2023
Aaron Judge Hits a Grand Slam Before the Trademark Trial and Appeal
May 26, 2023
AI Generated Fake Drake Song – Legit or Lawsuit?
May 19, 2023
Chipotle and Sweetgreen Settle Food Fight Over CHIPOTLE Trademark
May 12, 2023
Woodward Asks Court to Dump Trump’s Complaint
May 05, 2023
SCOTUS Hears Arguments in VIP Products V. Jack Daniels
Apr 28, 2023
Trademark Claim Over ‘Anne of Green Gables – The Musical’ Hits Sour Note With NY Producer
Apr 21, 2023
Law Firm Sues Las Vegas Raiders for Threatening Trademark Infringement Claim
Apr 14, 2023
Copyright Office Issues Guidance for Works Containing Material Generated by AI
Apr 07, 2023
USPTO Suspends Action on Trademark Applications Targeting Names of Public Figures
Mar 31, 2023
Copyright Office Goes After Registration Issued to AI-created Graphic Novel
Mar 24, 2023
Rick Astley Sues Yung Gravy for Use of Imitation Voice in “Betty (Get Money)”
Mar 17, 2023
Getty Images Sues Stability AI for Copyright Infringement
Mar 10, 2023
Did the Court Bag the MetaBirkin Case?
Mar 03, 2023
Is Trump’s Copyright Claim Against Woodward “Trumped Up”?
Feb 24, 2023
Miami Terminates FTX’s Naming Rights Deal for NBA Arena
Feb 17, 2023
9th Circuit Agrees with Woz – No Promise to Pay, No Desny Claim
Feb 10, 2023
Trademark and Copyright Cases to Watch in 2023
Feb 03, 2023
2023 IP Resolutions Start with a Review of IP Assets
Jan 27, 2023
The Strength of a Trademark
Jan 22, 2023
Viacom Wins Trademark Dispute Over MTV’s ‘Floribama Shore’
Jan 13, 2023
Supreme Court Takes Up Jack Daniel’s-Bad Spaniels Trademark Dispute
Jan 06, 2023
The Yonays Take the First Sortie in Copyright Fight With Paramount Over Top Gun Maverick
Dec 30, 2022
After 70 Years, Supreme Court Will Once Again Weigh in on The Exterritorial Reach of Lanham Act
Dec 23, 2022
Jack Nicklaus Companies Landed Hole-In-One With Court’s Recent Injunction
Dec 16, 2022
The Sneakerhead Breakup of the Century – Yeezy and Adidas
Dec 09, 2022
Vogue Sues 21 Savage and Drake Over Imitation Vogue Cover Marketing Campaign
Dec 02, 2022
Law Firm’s Suit Against Namesake Provides Two Important Trademark Lessons
Nov 23, 2022
Cardi B Makes Money Moves with the Jury and Prevails in IP Trial
Nov 18, 2022
Hermès Tries to Bag Digital Designer Selling MetaBirkin NFTs
Nov 10, 2022
NBA Star Luka Doncic Goes Hard in the Paint and Seeks to Cancel Mom’s Trademark (Part 2)
Nov 04, 2022
NBA Star Luka Doncic Goes Hard in the Paint and Seeks to Cancel Mom’s Trademark (Part 1)
Oct 28, 2022
Tattoo Artist Copyright Win Will Create Uncertainty Over Celebrities with Tattoos
Oct 21, 2022
Titania v. She-Hulk: Trademark Infringement in the Marvel Universe
Oct 16, 2022
Defamation by Docudrama – Inventing Anna
Oct 07, 2022
The Essential Purpose of the Short Form Copyright Assignment (Archive)
Sep 30, 2022
Paramount is Ready to Dogfight in Top Gun Maverick Copyright Lawsuit
Sep 23, 2022
Evel Knievel IP Lawsuit Against Disney Crashes and Burns
Sep 16, 2022
Mattel Isn’t Toying Around About Nicki Minaj Barbie-Que Chips
Sep 09, 2022
Fox Wins Another Copyright Lawsuit Over ‘Empire’ Character
Sep 02, 2022
Miami Dolphins Coach Gets Sacked on Motion to Dismiss
Aug 26, 2022
Unofficial Bridgerton Musical – Fair Use or Infringing Fan Fiction
Aug 19, 2022
NY Court Catches Bieber Fever, Denying RHODE NYC’s Motion for Preliminary Injunction
Aug 12, 2022
Is the Server Test Ready for a Reboot?
Aug 05, 2022
Seattle Space Needle Pokes at Local Coffee Shop’s Logo
Jul 29, 2022
What Makes a Character Protectable Under Copyright
Jul 22, 2022
THE Ohio State University Registers “The” as a Trademark
Jul 15, 2022
2nd Circuit to Determine if Rogers Test Fits Shoe Trade Dress Dispute Between MISCHF and Vans
Jul 08, 2022
Update – Andy Warhol Foundation Urges Supreme Court to Reverse Fair Use Decision
Jul 01, 2022
Top Gun Maverick – Right Into The Copyright Lawsuit Zone
Jun 24, 2022
What The Settlement of Ratajkowski/Paparazzi Copyright Lawsuit Means For Fair Use
Jun 17, 2022
Judge Throws a Flag on the Play in USFL IP Litigation
Jun 10, 2022
The Supreme Court Grants Certiorari in Copyright Infringement Action Involving Warhol, Prince, and Goldsmith
Jun 02, 2022
Senator Hawley Targets Disney with So-Called Copyright Reform Bill
May 27, 2022
An Idea Doesn’t Have to be Novel to be Stolen (In California)
May 20, 2022
Jerry West Thinks His Portrayal in HBO’s “Winning Time” is a Loser
May 13, 2022
The Original USFL Throws a Flag at Fox’s Attempted Revival of the United States Football League
May 06, 2022
The Case of the Stolen Ampersand and the (Non)Protectability of Fonts
Apr 29, 2022
SCOTUS Issues First IP Ruling of 2022 in Unicolors, Inc. v. H&M Hennes & Maurits, LP
Apr 22, 2022
March Madness Marketing Rebounds With a New Twist
Apr 15, 2022
Supreme Court Petitioned to Overturn 8th Circuit’s Holding on Architectural Plans that Upends “Standard Marketing Practices” in Real Estate Industry
Apr 07, 2022
Cookie Co’s Motion to Dismiss Trademark Lawsuit by Restaurant Crumbles
Mar 31, 2022
Heirs of Evel Knievel Clearly Do Not Have a Friend in Disney
Mar 25, 2022
Hermès Attempts to Bag Digital Creator Selling MetaBirkin NFTs
Mar 17, 2022
Copyright Office Rejects Application for A.I. Created Art Work
Mar 10, 2022
Nike Tries to Stomp Out StockX’s Attempt to Sell NFTs of Nike Sneakers
Mar 03, 2022
If a Photograph is Infringed But No One Sees it, is it Still Infringement?
Feb 24, 2022
More NFT Confusion: Art Collector Files Lawsuit to Establish Right to Turn Painting into NFT
Feb 17, 2022
Sponsored Post Lands Beauty Influencer in Trademark Infringement Lawsuit
Feb 10, 2022
Federal Judge Holds Swiss Cheese Makers’ Claim to Gruyere Full of Holes
Feb 03, 2022
Jack’s Lawsuit Against FTX is Back in the Box
Feb 01, 2022
Copyright Cases to Watch in 2022
Jan 27, 2022
Miami Dolphins Coach Plays Defense Against Sports Psychologist’s Copyright Infringement Lawsuit
Jan 20, 2022
YouTube Removes 150 Videos from Popular AniTuber’s Channel
Jan 12, 2022
Supreme Court Boots Australian Boot Maker’s Appeal for Attempting to Use Ugg’s Trademark
Jan 05, 2022
Trouble in House of Gucci: Does the Family Have a Claim Following Release of New Film?
Dec 30, 2021
Lord of The Rings Author’s Estate Clings to its Precious Trademark, Blocking JRR Token
Dec 22, 2021
Say NFT Again – I Dare You: Miramax Sues Quentin Tarantino Over Plans to Sell “Pulp Fiction” NFT
Dec 16, 2021
Cleveland Now Has Two Guardians: The Baseball Team and the Roller Derby Team Settle Their Case and Agree to Joint Use
Dec 10, 2021
Jack in the Box Pops a Spring Over Mascot Trademark Dilution
Dec 03, 2021
DMCA: The Right to Repair and More New Exemptions
Nov 24, 2021
Embed at Your Own (Copyright) Risk
Nov 18, 2021
Guardians of the Trademark: Cleveland Baseball Team and Cleveland Roller Derby Team Clash Over IP
Nov 12, 2021
This Could Change Paparazzi Mood Forever – Update on the Ratajkowski / Paparazzi Copyright Lawsuit
Nov 05, 2021
A Spooky Copyright Decision for Producers of Friday the 13th Franchise
Oct 29, 2021
Don’t Scream: Copyright Infringement Case Finds for “Scary Terry” Rozier
Oct 22, 2021
Court Melts Ice Cube’s Trademark Lawsuit against Robinhood + Update
Oct 15, 2021
Naming Rights for LA Clippers Dome: FinTech Steps Intuit
Oct 07, 2021
Keeping an Eye on Warby Parker Adwords Trademark Infringement Lawsuit
Sep 30, 2021
Could a Trademark Search Have Saved ‘The Cleveland Indians’ Botched Rebrand?
Sep 23, 2021
San Diego Gulls’ Wings Clipped in Dispute Over Logo Copyright
Sep 17, 2021
Could Netflix Be Liable in “When They See Us” Defamation Case?
Sep 09, 2021
Prince Estate Wants Winery’s ‘Purple Rain’ Trademark Back in the Bottle
Sep 02, 2021
Dealmaking Pitfalls in NCAA’s New NIL Policy
Aug 26, 2021
NCAA Erects Challenge to ‘Vasectomy Mayhem’ Trademark
Aug 20, 2021
Tattoos, Videogames, and Lawsuits: Who Owns the Copyright on Athletic Ink?
Aug 12, 2021
Dr. Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part Two, Trademark)
Aug 06, 2021
Dr. Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part One, Copyright)
Aug 05, 2021
Don’t Film So Close to Me: Can Copyrighted Music Keep Vids of Police Encounters Off The Internet?
Jul 30, 2021
Bonus Olympic Episode: IOC Gets Gold in Trademark Enforcement
Jul 29, 2021
Space Erotica Flick Not Infringed by Black Mirror
Jul 23, 2021
Nike Threatens Fire & Brimstone Over Satanic Custom Shoe Makers
Jul 13, 2021
Andy Warhol’s Prince Prints: Not Fair Use!? (Part Two)
Jul 09, 2021
Andy Warhol’s Prince Prints: Not Fair Use!? (Part One)
Jun 29, 2021
What’s In a Name: Clearing Titles for Film and Television
Jun 24, 2021
Defamation Lawsuit Against Netflix Dropped + New York Protects Dead Celebrities
Jun 09, 2021
SPIN Trademark Has Peloton Wrapped Around the Axel
Mar 10, 2021
“Inspired By” Characters – Defamation Lawsuit As a Spinoff Part II
Mar 05, 2021
“Inspired By” Characters – Defamation Lawsuit As a Spinoff Part I
Mar 05, 2021
Celebrities Sued for Posting Images of Themselves
Mar 05, 2021
Hard Cider Maker Can’t Whine About Trademark Opposition
Mar 05, 2021
The Ninth Circuit Affirms That Comic-Con isn’t Generic
Mar 05, 2021
9th Circuit Provides Clear Copyright Guidance for Producers of Bio Pics
Mar 05, 2021
Navigating the Hazy Intersection of Cannabis Law & Trademarks
Mar 04, 2021
The Essential Purpose of the Short Form Copyright Assignment
Mar 04, 2021
Copyright Infringement: BuzzFeed just got Buzz Worthy
Mar 04, 2021
Empire Copyright Litigation
Mar 01, 2021
COVID 19 Bill Stimulates the Economy and Changes in the Intellectual Property Law
Mar 01, 2021
Twitch Under Fire From the Music Industry
Mar 01, 2021
Federal Court Finds UGG is not Generic for Famous UGG Boots
Feb 26, 2021
Sushi Restaurants Battle for Control over Hand Roll Trademark
Feb 26, 2021
Trademark Infringement – Tiffany & Co. Versus Costco
Feb 26, 2021
Dogs, Whiskey, and Intellectual Property: Need I Say More?
Feb 11, 2021
Let Russ Cook: An NFL-Sized Introduction to ITU Applications
Feb 11, 2021