The Briefing by the IP Law Blog
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.
Episodes
April 25, 2025 • 18 mins
Is traditional Hollywood facing an existential crisis? Deloitte's 2025 Digital Media Trends report reveals a massive shift in how Gen Z and millennials consume content. Scott Hervey and Tara Sattler break down the data and explore what this means for studios, creators, and the future of storytelling on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel.
Show Notes:
Scott: Deloitte released its 2025...
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April 18, 2025 • 9 mins
Can HBO be sued over a T-shirt? Scott Hervey and Tara Sattler unpack Duke University’s beef with 'White Lotus' after a character wore a Duke tee on screen. Does this cross the legal line—or is it just creative expression? They're talking trademark, the Rogers test, and what it all means for studios on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel.
Show Notes:
Scott: In a recent episode, Timo...
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April 11, 2025 • 14 mins
Is 'The Pit' a spinoff, sequel, or something else entirely? Scott Hervey and Tara Sattler break down the lawsuit over 'ER' and whether 'The Pit' crosses the legal line into derivative territory on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel.
Show Notes:
Scott:
A legal battle is in full swing over the hit medical drama, ER and the Pit, a new medical drama set in Pittsburgh. The agreement b...
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April 4, 2025 • 11 mins
The estate of 'ER' creator Michael Crichton is suing Warner Brothers, claiming their new medical drama 'The Pit' is a derivative of 'ER.' IP and Entertainment attorneys Scott Hervey and Jessica Corpuz discuss this case on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel.
Scott: A legal battle is unfolding over the hit medical drama, ‘The Pit,’ which the estate of Michael Crichton claims is th...
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March 28, 2025 • 13 mins
In this installment of The Briefing, Scott Hervey & Jessica Corpuz cover the landmark defamation case Copeland v. Netflix—dissecting the high bar for public figures to prove defamation and the critical concept of "actual malice." From the Surviving R. Kelly documentary to First Amendment protections, they unpack the legal complexities surrounding public figures and media reporting.
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March 21, 2025 • 11 mins
A petition is calling for the Supreme Court to decide on the validity of the "discovery rule," which allows copyright claims long after the alleged infringement. NBA teams like the Indiana Pacers and Denver Nuggets are even weighing in, worried that social media posts from years ago could be used as grounds for lawsuits. Scott Hervey and Tara Sattler dive into this game-changing copyright case in this installment of The Briefing.
...
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March 14, 2025 • 18 mins
On the latest episode of The Briefing, Weintraub attorneys Scott Hervey and Jessica Corpuz break down the court’s decision in Pepperdine’s trademark fight with Netflix over the name "Waves" in the new series Running Point. Tune in for insights on this case and how the Jack Daniel's ruling is reshaping trademark law in entertainment.
Watch this episode on the Weintraub YouTube channel.
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March 7, 2025 • 10 mins
Did you know the popular Stanley Travel Cup is tied to Stanley Black & Decker? A lawsuit is brewing over trademark rights and branding disputes. Is PMI overstepping, or is Stanley Black & Decker overreaching? Weintraub Tobin attorneys Scott Hervey and Tara Sattler discuss the legal battle over the iconic cup on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Show Notes:
Scott
Most people ...
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February 28, 2025 • 19 mins
Major AI copyright ruling - The Delaware District Court’s decision in Thomson Reuters v. Ross AI could have huge implications for AI training and copyright law. On this episode of The Briefing, Weintraub attorneys Scott Hervey and Andy Tan break down the case, its impact on the AI industry, and what it means for content creators.
Watch this episode on the Weintraub YouTube channel here.
Show Notes:
Scott:
This February, the Dela...
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February 21, 2025 • 13 mins
In the case of Sydney Nicole vs. Alyssa Sheil, a federal district judge ruled that certain vibes and aesthetics can be protected under copyright law. Weintraub attorneys Scott Hervey and Tara Sattler break down this decision and what it means for content creators and brands in the digital age on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Show Notes:
Scott:
In December of last year, we...
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February 14, 2025 • 15 mins
On this episode of The Briefing, Scott Hervey and Tara Sattler dive into the landmark Jack Daniels v. VIP Products case that changed trademark law. They break down the Supreme Court's ruling on trademark infringement vs. dilution and explore how a dog toy parody nearly tarnished Jack Daniels' brand.
Watch this episode on the Weintraub YouTube channel.
Show Notes:
Scott: VIP products versus Jack Daniels' properties brought a l...
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A motivational passage from Keith Bell’s book Winning Isn’t Normal sparks a legal battle after Ole Miss coach Lane Kiffin shares it on Twitter. Scott Hervey and Tara Sattler dive into the lawsuit, exploring how the Fifth Circuit’s ruling raises important questions about fair use, copyright enforcement, and Bell’s “serial litigant” status.
Watch this episode on the Weintraub YouTube channel.
Show Notes:
Scott:
In 2021, we reporte...
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January 31, 2025 • 20 mins
As TikTok’s future in the US hangs in the balance, influencers and brands are left wondering how a potential ban could impact their posting contracts. In this episode of The Briefing, Scott Hervey and Jamie Lincenberg dive into the potential legal challenges and share insights on how brands can stay ahead of the curve in this ever-changing landscape.
Watch this episode on the Weintraub YouTube channel.
Show Notes:
Scott:
On Jan...
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January 24, 2025 • 16 mins
Kick off 2025 by reviewing your company's IP assets! Whether you're new to IP protection or a seasoned pro, it’s crucial to keep track of your valuable intellectual property. Scott Hervey & Tara Sattler break down key steps in safeguarding your trademarks, copyrights, and patents on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel.
Show Notes:
Scott:
As 2025 kicks off, it's time for companies ...
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January 17, 2025 • 17 mins
The Ninth Circuit recently upheld a ruling allowing a class action against NeoCortex, the creators of the Reface app, over the unauthorized use of content creator Kyland Young's likeness. This case highlights the growing tension between AI innovation and individual rights. Scott Hervey and Jamie Lincenber discuss the lawsuit and what it means for AI companies using digital likenesses on this installment of The Briefing.
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January 3, 2025 • 8 mins
In part 2 of our social media marketing series, Scott Hervey and Jessica Marlow deep dive into the unique legal risks brands face when navigating social media. From FTC compliance to IP infringement and content clearance, discover the essentials for protecting your brand in the digital age on this archive episode of The Briefing. Find part one here.
Watch this episode on the Weintraub YouTube channel.
Show Notes:
Scott:
Brands s...
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December 27, 2024 • 9 mins
While influencer marketing has become popular in the creator space, it doesn't come without risks. From IP infringement to FTC compliance, Scott Hervey and Jessica Marlow discuss the key issues surrounding brand endorsement deals in this archive two-part episode of The Briefing.
Watch this episode on the Weintraub YouTube channel.
Show Notes:
Scott:
Influencer social media marketing is big business, whether it's a brand integrat...
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December 20, 2024 • 11 mins
Get into the holiday spirit with a look at some of the most unique Christmas patents ever filed. From Santa detectors to upside-down Christmas trees, Scott Hervey and Jamie Lincenberg explore festive inventions that add a little extra cheer to the season on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel.
Show Notes:
Scott:
Welcome to a special holiday edition of The Briefing. Today, we are d...
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December 13, 2024 • 24 mins
Can an influencer sue another for having a similar aesthetic? Scott Hervey and Jessica Marlow dive into a Texas case that could reshape creator marketing on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel.
Show Notes:
Scott:
Can a natural beige and cream aesthetic be protected? There's a case pending in Texas, a lawsuit brought by one social media influencer against another social media influ...
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December 6, 2024 • 11 mins
Oakland’s attempt to rename its airport didn’t take off. On this episode of The Briefing, Scott Hervey and Jamie Lincenberg discuss the trademark dispute between San Francisco and Oakland over airport naming rights.
Watch this episode on the Weintraub YouTube channel.
Show Notes:
Scott: When Tony Bennett sang about leaving his heart in San Francisco, he wasn't singing about Oakland. There are no little cable cars climbing hal...
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