The Briefing by Weintraub Tobin

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

The Doctrine of Foreign Equivalents: What It Means for Your Brand

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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Publicity Rights and the Law – Using Real People in Your Work

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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Who Owns What – Understanding Copyright in Collaborative Projects

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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Trademark Basics – Protecting Names, Logos, and Brands in Entertainment

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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What Is Fair Use and Why Does It Matter?

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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The Wrong Argument – Why Authors Lost Against Meta and What Comes Next

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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Anthropic, Copyright, and the Fair Use Divide

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 Dodges the Discovery Rule Question—What That Means for Copyright Enforcement

July 11, 2025 • 11 mins
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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Who Owns WallStreetBets? Trademark Use in Commerce and the Reddit Battle

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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Sinking the Rogers Test? What Pepperdine’s Lawsuit Could Mean for Hollywood

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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The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim

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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Fake Reviews, Real Consequences: Consumer Review Dos and Don’ts (Featured)

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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Who Owns Jack Nicklaus? Lessons for The Creator Economy From a Brand Battle

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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Trademark Smoked: The Fall of General Cigar’s COHIBA Registration

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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When a TikTok Costs You $150,000 – Copyright Pitfalls in Influencer Marketing

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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Influencer Fail – ALO Yoga & Influencers Named in $150M Class Action Lawsuit for FTC Violations

May 16, 2025 • 11 mins
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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No CTRL-ALT-DEL For the Server Test

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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Trademark Mayhem – Lady Gaga Gets Sued for Trademark Infringement

May 2, 2025 • 14 mins
Lady Gaga’s “Mayhem” tour has sparked legal trouble. In this episode of The Briefing, Scott Hervey and James Kachmar analyze a trademark infringement lawsuit filed by surf brand, Lost International, which claims Gaga’s use of “Mayhem” on merchandise violates their long-standing rights. The discussion explores the strength of Lost’s trademark, the likelihood of consumer confusion, and key legal takeaways for brands navigating crowde...
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The Future of TV? A 2025 Digital Media Trends Analysis

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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Everyone Loves the HBO Series ‘White Lotus,’ Except Duke University

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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