The Briefing by Weintraub Tobin
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.
Episodes
September 19, 2025 • 7 mins
The Anthropic settlement shows just how costly copyright missteps can be in AI development. Anthropic has agreed to a $1.5B settlement after a court found that keeping a permanent library of pirated books was not fair use—even though training its AI model on those same works was.
On this episode of The Briefing, Weintraub attorneys Scott Hervey and Matt Sugarman discuss the ruling, the settlement, and what it means for future...
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September 12, 2025 • 23 mins
The Yuga Labs v. Ryder Ripps case is shaking up NFTs and trademarks. In this episode of The Briefing, Weintraub attorneys Scott Hervey and Tara Sattler unpack the Ninth Circuit’s ruling on whether NFTs count as “goods,” why the First Amendment defense fell flat, and what it all means for the future of digital asset law.
Watch this episode on YouTube.
Show Notes:
Scott: Was the Ryder Ripps Bored Ape Yacht Club NFT series a soci...
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September 5, 2025 • 17 mins
50 Cent’s two-minute cameo in the horror film "Skill House" turned into a full-blown legal battle over credits, contracts, and control. In this episode of The Briefing, Weintraub entertainment and IP attorneys Scott Hervey and Tara Sattler break down what went wrong—and what Hollywood can learn from it.
Watch this episode on YouTube.
Show Notes:
Scott:
Picture this, Curtis 50 Cent Jackson, hip hop legend and media mogul, ste...
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August 29, 2025 • 8 mins
You came up with a clever brand name in a foreign language—great! But did you know it might be refused by the USPTO? In this episode of The Briefing, Scott Hervey and Richard Buckley break down what a doctrine is, how trademark examiners apply it, and other important considerations for choosing foreign-language marks.
Watch this episode on YouTube.
Show Notes:
Scott: You've come up with a great brand. It's clever, it's catchy,...
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August 22, 2025 • 5 mins
Can you use a celebrity’s voice or image in your work? What about AI-generated versions? On this episode of The Briefing, Scott Hervey and Richard Buckley explore the right of publicity—how it protects names, likenesses, voices, and what happens when you cross the line.
Watch this episode on YouTube.
Show Notes:
Scott: Can you use a celebrity's name or likeness in your film, in your podcast, or in an advertisement? Well, you s...
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August 15, 2025 • 6 mins
Who owns the rights when you co-create something? It’s not always as simple as you think. On this episode of The Briefing, Scott Hervey and Richard Buckley dig into:
✔️ Joint authorship
✔️ Work-for-hire rules
✔️ Why every collaboration needs paperwork
Avoid disputes before they derail your project. Watch this episode on YouTube.
Show Notes:
Scott: In a film, a television show, and music— creative projects are ...
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August 8, 2025 • 6 mins
From podcast names to iconic sounds, trademarks shape the entertainment world. In this episode of The Briefing, Scott Hervey and Richard Buckley break down what trademarks are, how to get one, and why creators must protect their brand. A must-listen for anyone building a name in entertainment.
Watch this episode on YouTube.
Scott: From movie titles to podcast logos, trademarks are everywhere in the entertainment industry. But ...
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August 1, 2025 • 8 mins
Creators, beware: just because it’s online doesn’t mean it’s fair game. In this episode of The Briefing, Scott Hervey and Richard Buckley break down one of the most misunderstood areas of copyright law—fair use.
In this episode, they cover:
What makes a use "transformative"?
Why credit alone doesn't protect you
How recent court rulings (Warhol v. Goldsmith) are changing the game
Tips to stay on the right si...
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July 25, 2025 • 15 mins
In a major win for Meta, a federal court recently dismissed a lawsuit brought by prominent authors who claimed their books were illegally used to train the company’s LLaMA models. But the ruling doesn’t give AI companies a free pass—it reveals the roadmap for how a better-prepared copyright plaintiff could win next time.
In this episode of The Briefing, Scott Hervey is joined by his partner Matt Sugarman as they break down:
T...
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July 18, 2025 • 16 mins
A federal judge has ruled that training Claude AI on copyrighted books—even without a license—was transformative and protected under fair use. But storing millions of pirated books in a permanent internal library? That crossed the line.
In this episode of The Briefing, Scott Hervey and Tara Sattler break down this nuanced opinion and what this ruling means for AI developers and copyright owners going forward.
Watch this epi...
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The Supreme Court sidestepped a major copyright showdown—again. What does it mean when infringement claims surface decades later? In this episode of The Briefing, Scott Hervey and Tara Sattler break down the latest in the discovery rule debate, RAD Design’s rejected petition, and how this uncertainty affects creators, businesses, and copyright holders across the country.
Watch this episode on YouTube.
Show Notes:
Scott: In Warn...
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July 3, 2025 • 12 mins
Who really owns WallStreetBets? The man who created the subreddit, or the platform that hosted it?
In this episode of The Briefing, Scott Hervey and Tara Sattler dive into the trademark showdown between Jaime Rogozinski and Reddit, and why both the District Court and the Ninth Circuit said no to Rogozinski's claim of trademark ownership.
This case is a cautionary tale for creators and entrepreneurs about what really counts as “use ...
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June 27, 2025 • 16 mins
In this episode of The Briefing, Scott Hervey and Richard Buckley dive into Pepperdine University v. Netflix, a trademark showdown over the use of the name “Waves” in the Netflix series Running Point. After Pepperdine’s attempt to block the series’ release was denied under the Rogers test, the university is back—this time arguing that the Jack Daniel’s Supreme Court decision changes everything.
Watch this episode on the Weintraub ...
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June 20, 2025 • 14 mins
Can a car be a copyrightable character? In Carroll Shelby Licensing v. Halicki, the Ninth Circuit said no — ruling that “Eleanor,” the iconic Mustang from 'Gone in 60 Seconds,' lacks the distinctiveness and consistency required for copyright protection.
In this episode of The Briefing, Scott Hervey and Richard Buckley break down the history of the Eleanor litigation, review the district court and Ninth Circuit rulings, and explain...
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June 13, 2025 • 10 mins
If your company relies on online reviews, influencer partnerships, or digital marketing strategies, it's important to be aware of FTC Rules and the distinctions between real reviews and paid ads. Scott Hervey and Jessica Marlow discuss the dos and don'ts of consumer reviews on this featured episode of The Briefing.
Watch this episode on the Weintraub YouTube channel.
Show Notes:
Scott:
On August 14th, 2024, the Federal Trade ...
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June 6, 2025 • 20 mins
What happens when a business built on a celebrity’s name no longer controls the name itself? In this episode of The Briefing, attorneys Scott Hervey and Jessica Marlow break down the Nicklaus Companies v. GBI decision and what it means for venture funds, PE firms, and brand-driven businesses.
They discuss how Jack Nicklaus was able to legally walk away from the company bearing his name—and start competing—because the company faile...
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May 30, 2025 • 11 mins
After nearly 30 years of litigation, a federal court has canceled General Cigar’s U.S. trademarks for COHIBA cigars — all because of a little-known treaty and a Cuban brand once favored by Fidel Castro. What does this mean for U.S. trademark law and the future of the COHIBA brand? Tune in to this week’s episode of The Briefing as Scott Hervey and Jessica Corpuz unpack this high-stakes decision.
Watch this episode on the Weintraub ...
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May 23, 2025 • 12 mins
Warner Music Group just sued DSW for using 200+ hit songs in social media ads—without permission. Those TikToks could now cost $30M. On this episode of The Briefing, entertainment and IP attorneys Scott Hervey and Tara Sattler break down the legal firestorm and what every brand needs to know before hitting “post.”
Watch this episode on the Weintraub YouTube channel.
Show Notes:
Scott: A major music label just did the legal equiv...
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A class action lawsuit has been filed against ALO Yoga and several influencers for failing to disclose that various social media campaigns were actually paid ads. Weintraub attorneys Scott Hervey and Tara Sattler break down this lawsuit and what brands should do to avoid costly FTC violations like this in the future.
Watch this episode on the Weintraub YouTube channel.
Scott previously discussed the risks of social media marketin...
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May 9, 2025
On this episode of The Briefing, Scott Hervey and James Kachmar break down the Supreme Court’s decision to pass on the McGuckin v. Valnet case—and how it keeps the legal confusion swirling around the "server test" for embedding online content. With courts on opposite coasts taking different stances, what does this mean for publishers, bloggers, and social media managers? They talk about the risks, what you can do to stay safe, and ...
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