The Briefing by the IP Law Blog

The Briefing by the IP Law Blog

In The Briefing by the IP Law Blog, intellectual property attorneys Scott Hervey and Josh Escovedo discuss current trademark, copyright, and patent law as well as IP litigation and intellectual property in the news.

Episodes

February 3, 2023 7 min

The Supreme Court will bring finality to several IP disputes this year. Scott Hervey and Josh Escovedo provide an overview of the trademark and copyright cases to watch on this episode of The Briefing by the IP Law Blog.

Watch this episode on the Weintraub YouTube channel here.

 

Show Notes:

Josh:
It’s always good to start off the year with an overview of the trademark and copyright cases to watch for the year. This year, we have ...

Mark as Played

The start of a new year is a good opportunity for companies to review and take stock of their intellectual property assets. Scott Hervey and Josh Escovedo talk about the importance of this review on this episode of The Briefing by the IP Law Blog.

Watch this episode on the Weintraub YouTube channel here.

Show Notes:

Scott:
As 2023 commences, it’s time for companies to take review and take stock of their intellectual property asset...

Mark as Played
January 22, 2023 9 min

Trademarks perform a number of important functions. Scott Hervey and Josh Escovedo discuss the spectrum of trademark strength in this episode of The Briefing by the IP Law Blog.

Watch this episode here.

 

Show Notes:

Scott:
Trademarks perform a number of important functions. They are consumer road signs; they tell consumers which products to buy. They are a company’s public persona; they epitomize of all the positive (and negative...

Mark as Played

An 11th Circuit Opinion in the ‘Floribama Shore’ trademark case provides guidance on establishing artistic relevance under the Rogers Test. Scott Hervey and Josh Escovedo talk about this case in this episode of The Briefing by the IP Law Blog.

Watch this episode here.

Show Notes:

Scott:
Despite challenges to the application of the Rogers test outside of traditional artistic works, the Rogers test remains a valuable defense to TV a...

Mark as Played

The Supreme Court granted Jack Daniel’s petition for certiorari and will hear the trademark infringement case involving a parody dog chew toy that resembles the Jack Daniel’s Whiskey Bottle. Scott Hervey and Josh Escovedo discuss this latest development in this episode of The Briefing by the IP Law Blog.

Watch this episode here.

 

Mark as Played

The heirs of the author who wrote an article upon which “Top Gun” is based, claims the film’s sequel is an infringing derivative work. Paramount has since filed a motion to dismiss the case. Scott Hervey and Josh Escovedo discuss this on The Briefing by the IP Law Blog.

Watch this episode here.

Show Notes:

Scott:
We previously reported on the copyright lawsuit filed by the heirs of the author who wrote an article upon which Top Gu...

Mark as Played

The U.S. Supreme Court will weigh in on the reach of the Lanham Act and whether it can protect against the infringement of a U.S. trademark in a foreign territory. Scott Hervey and Josh Escovedo discuss this case in this episode of The Briefing by the IP Law Blog.

Watch this episode here.

Show Notes:

Scott:
What’s the reach of the Lanham act? Can it protect against the infringement of a U.S. trademark in a foreign territory? The U...

Mark as Played

In this 100th episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo talk about a company founded by Jack Nicklaus that was awarded a preliminary injunction enjoining him from using his name, image, & likeness in commercial endorsement deals.

Watch this episode here.

Show Notes:

Scott:
A company founded by Jack Nicklaus, Nicklaus Companies, LLC has been awarded a preliminary injunction which enjoins Jack Ni...

Mark as Played

Adidas, which manufactures and sells the wildly popular “Yeezy” line of shoes in partnership with rapper Kanye West, recently terminated the relationship after anti-Semitic statements by the star. In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the trademark and contract issues that Adidas is navigating with shoe designs and future related designs.

Watch the video here.

Read the Adidas pr...

Mark as Played

Vogue Magazine is suing 21 Savage and Drake after they created mock Vogue Magazines to market their new album. Scott Hervey and Josh Escovedo discuss the dispute on this episode of The Briefing by the IP Law Blog.

Watch this episode here.

Show Notes:

Josh:
Conde Nast, the publisher of Vogue magazine, filed a Complaint against Drake and 21 Savage in the United States District Court for the Southern District of New York, alleging cl...

Mark as Played
A law firm has filed a trademark infringement lawsuit against its namesake. Scott Hervey and Josh Escovedo discuss this case in this installment of The Briefing by the IP Law Blog. Watch this episode here.   Show Notes:  Scott: Lewis Brisbois Bisgaard & Smith, LLP is suing Lewis Brisbois Bisgaard & Smith, LLP in a Texas federal court for trademark infringement. No, this is not law firm schizophrenia. But it is a weird...
Mark as Played
Cardi B was cleared of liability in an action alleging that she misappropriated a man’s likeness by using his unique back tattoo on the cover of her 2016 mixtape. Scott Hervey and Josh Escovedo discuss this in this installment of The Briefing by the IP Law Blog. Watch this episode here. Show Notes: Josh: Rap star Cardi B has been cleared of liability by a California jury in the Central District in the action alleging that she ...
Mark as Played
Hermès is suing an artist for trademark infringement over his series of digital artworks called MetaBirkins. Scott Hervey and Josh Escovedo discuss the case on this episode of The Briefing by the IP Law Blog. Watch this episode here.
Mark as Played
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss developments in the trademark dispute between NBA star Luka Doncic and his mother. Watch this episode here.
Mark as Played
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark dispute between NBA Star Luka Doncic and his mother. Watch this episode here.
Mark as Played
As Scott Hervey previously wrote on the IP Law Blog, a tattoo artist won a copyright lawsuit against a video game publisher for showcasing an athlete with their tattoo design in a game. Scott and Josh Escovedo discuss the case on this episode of The Briefing. Watch this episode here. Read Scott's article here. Show Notes: Scott:  A jury in the district court for the southern district of Illinois in the case of Alexander v....
Mark as Played
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a recent episode of Marvel's "She-Hulk: Attorney at Law" and the accuracy of a trademark infringement case featured on the show. Watch this video here.   Show Notes: Josh: The last few weeks, every Thursday night in my household, we sit down to watch the latest episode of She-Hulk on Disney+. Full disclosure, we consume ...
Mark as Played
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a defamation dispute between Rachel Williams - a victim of con artist Anna Sorokin - and Netflix, over her portrayal in the docudrama "Inventing Anna." Watch this episode here. Show Notes: Scott: Netflix finds itself mired in yet another defamation and false light lawsuit, this one brought on by its portrayal of Rachel Williams, th...
Mark as Played
In this archive episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo explain the importance of short-form copyright assignment agreements. Read more about this topic here.
Mark as Played
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss Paramount's motion to dismiss a copyright infringement lawsuit relating to 'Top Gun: Maverick.' Watch this episode here. Show Notes: Scott: Paramount came into the Top Gun Maverick copyright lawsuit guns hot by filing a motion to dismiss claiming that the sequel to the 1986 motion picture, Top Gun, does not infringe the copyri...
Mark as Played

Popular Podcasts

    Current and classic episodes, featuring compelling true-crime mysteries, powerful documentaries and in-depth investigations.

    Crime Junkie

    If you can never get enough true crime... Congratulations, you’ve found your people.

    Stuff You Should Know

    If you've ever wanted to know about champagne, satanism, the Stonewall Uprising, chaos theory, LSD, El Nino, true crime and Rosa Parks then look no further. Josh and Chuck have you covered.

    Morbid

    It’s a lighthearted nightmare in here, weirdos! Morbid is a true crime, creepy history and all things spooky podcast hosted by an autopsy technician and a hairstylist. Join us for a heavy dose of research with a dash of comedy thrown in for flavor.

    The Dan Bongino Show

    He’s a former Secret Service Agent, former NYPD officer, and New York Times best-selling author. Join Dan Bongino each weekday as he tackles the hottest political issues, debunking both liberal and Republican establishment rhetoric.

Advertise With Us

For You

    Music, radio and podcasts, all free. Listen online or download the iHeart App.

    Connect

    © 2023 iHeartMedia, Inc.