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 26, 2024 • 11 mins
Delve into the complexities of vicarious infringement and DMCA violations in AI training. Scott Hervey and James Kachmar from Weintraub Tobin dissect the recent district court ruling on OpenAI's copyright infringement allegations on this installment of “The Briefing.” Watch this episode on the
Weintraub YouTube channel here or listen to this podcast episode here.
Show Notes:
Scott As we have previously reported, in 2023, sev...
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April 19, 2024 • 6 mins
ELVIS Act —Breaking down the Ensuring Likeness, Voice, and the Image Security Act of 2024. Scott Hervey and James Kachmar from Weintraub Tobin discuss its impact on AI audio technology and how it protects musicians in the next installment of “The Briefing.”
Watch this episode on the Weintraub YouTube channel here or listen to this podcast episode here.
Show Notes:
Scott: Tennessee's ELVIS Act isn't what you think. The acrony...
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Safeguard your brand in the world of social media marketing, from IP infringement risks to FTC guidelines compliance. Scott Hervey and Jessica Marlow from Weintraub Tobin continue the discussion on legal risks brands face in part 2 of our social media marketing series on “The Briefing.” Make sure to catch Navigating the Legal Risks for Brands in Social Media Marketing - Part 1.
Watch this episode on the You Tube channel here
...
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April 5, 2024 • 9 mins
Delve into the legal terrain of influencer marketing from IP infringement risks to FTC guidelines compliance. Scott Hervey and Jessica Marlow from Weintraub Tobin navigate the complexities of brand deals with expert insights on safeguarding your brand partnerships on this episode of “The Briefing.”
Watch this episode on the Weintraub YouTube channel here.
Show Notes:
Scott:
Influencer social media marketing is big business, whet...
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March 29, 2024 • 16 mins
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 on the Weintraub YouTube channel here.
Show Notes:
Scott: Netflix finds itself mired in yet another defamation and false light lawsuit, this one brought on by its portray...
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March 23, 2024 • 5 mins
Discover how truth became the ultimate defense in the legal battle between Cynthia Love and Kanye West. Join Scott Hervey and Eric Caligiuri from Weintraub Tobin as they unpack the court's ruling on whether displaying historical footage amounts to defamation on this episode of 'The Briefing'.
Watch this episode on the Weintraub YouTube channel here.
Show Notes:
Scott:
Truth is a defense to a defamation claim. So, it would be no ...
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March 15, 2024 • 10 mins
Can AI inventions be patented? Scott Hervey and Eric Caligiuri explore recent USPTO guidance on patenting AI-assisted inventions in this installment of "The Briefing" by Weintraub Tobin.
Watch this episode on the Weintraub YouTube channel here.
Show Notes:
Scott:
Can AI inventions be patented? Can inventors use AI assistance in the creation of an invention, and can that invention be patented? On February 12, 2024, the United ...
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How far back can a plaintiff recover damages in a copyright infringement case? Scott Hervey and Jamie Lincenberg discuss this contested copyright law question in this installment of "The Briefing" by Weintraub Tobin.
Watch this episode on the Weintraub YouTube channel here.
Show Notes:
Scott:
Just how far back can a plaintiff in a copyright infringement case go in recovering damages? I'm Scott Hervey of Weintraub Tobin, and tod...
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March 2, 2024 • 15 mins
Delve into the new WGA and SAG contract provisions relating to AI. Scott Hervey and Jamie Lincenberg tackle the terms and changes in this installment of "The Briefing" by Weintraub Tobin.
Watch this episode on the Weintraub YouTube channel here.
Show Notes:
Scott
AI ended up being a bigger than expected part in the writers' and actors' strikes. What exactly are the new WGA and SAG contract provisions relating to AI? I'm Scott He...
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February 23, 2024 • 6 mins
Graffiti artists Nekst and Bates have filed a lawsuit against Guess and Macy’s for incorporating their tags in various articles of clothing. Scott Hervey and James Kachmar discuss this case in the next installment of "The Briefing."
Watch this episode on the Weintraub YouTube channel here.
Show Notes:
Scott:
This case is a head-scratcher. Graffiti artists Nekst and Bates have filed the lawsuit against Guess and Macy's for incorp...
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February 16, 2024 • 12 mins
As James Kachmar previously wrote on the IP Law Blog, the man who was photographed as a naked baby in 1991 for Nirvana's iconic "Nevermind" album cover is now suing the band for distributing child pornography. Scott Hervey and James discuss the Ninth Circuit's opinion on the case in this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Show Notes:
James:
In 1991, the grunge band Nirvana was one ...
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February 9, 2024 • 8 mins
Brandy Melville has asked the Supreme Court to review the 9th Circuit's decision in its dispute with Redbubble. Scott Hervey and Jamie Lincenberg discuss this case on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Show Notes:
Jamie:
This past summer, we analyzed the willful blindness doctrine, which was highlighted by the 9th Circuit's decision in the case of Redbubble, Inc. Versus Y.Y...
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February 2, 2024 • 10 mins
As Scott Hervey previously wrote on the IP Law Blog, the holding in the Supreme Court case Jack Daniels Properties v. VIP Products limits the applicability of the Rogers test. Scott and Jamie Lincenberg talk about this case on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Cases Discussed:
Jack Daniels Properties v. VIP Products
Rogers v. Grimaldi
Punch Bowl v. AJ Press
20th Cen...
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January 26, 2024 • 9 mins
Fruity Pebbles failed to attain a trademark for the various colors of its cereal. Scott Hervey and Jessica Marlow discuss the TTAB's decision to reject the trademark application on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Show Notes:
Scott:
A trademark examiner refused to register a trademark for the various colors that make up the colors of Fruity Pebbles Cereal on the grounds...
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January 19, 2024 • 8 mins
The FTC recently made changes to its guide concerning the use of endorsements and testimonials in advertising. Scott Hervey and Jessica Marlow discuss these changes and their expected impact on the influencer marketing industry in this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Show Notes:
Scott:
It's a new year, and some changes are in place for those in the influencer marketing busin...
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January 12, 2024 • 6 mins
While iconic catchphrases from TV and film can hold significant equity, protection of them can be spotty. Scott Hervey and Tara Sattler talk about the protectability of short phrases on this archive episode of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Show Notes:
Scott:
“Show me the money.” “Who are you going to call?” “Go ahead, make my day.” These are a few iconic phrases with significant equi...
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January 5, 2024 • 13 mins
In the case of Martinez v. Zoom Info Technologies, the Ninth Circuit addressed the "Public Interest" exemption to California's anti-SLAPP law. Scott Hervey and James Kachmar talk about this case on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Show Notes:
Scott:
The 9th Circuit was recently asked to address the public interest exemption to California's anti-SLAPP law in a proposed class-...
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December 22, 2023 • 6 mins
Country singer Andy Stone, A.K.A Vince Vance, has renewed his lawsuit against Mariah Carey, which claims that her holiday hit 'All I Want for Christmas Is You' infringes the copyright of his song with the same name. Scott Hervey and Tara Sattler discuss this case on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Show Notes:
Scott:
Andy Stone, known professionally as Vince Vance, is suing ...
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December 15, 2023 • 4 mins
Mariah Carey has widely been referred to by fans as the 'Queen of Christmas,' but when she attempted to trademark the title last year, it was met with pushback from another singer and songwriter who claimed to hold the same title. Scott Hervey and Tara Sattler discuss this dispute on this Holiday edition of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Show Notes:
Scott:
In 2022, Mariah Carey sought to ...
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December 8, 2023 • 6 mins
Netflix has been ordered to pay GoTV Streaming $2.5 Million in damages for infringing one of its wireless technology patents. Scott Hervey and Eric Caligiuri discuss this update on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Show Notes:
Scott:
I'm Scott Hervey with Weintraub Tobin. In a prior discussion with my colleague, Eric Caligiuri, earlier this year, we talked about a case whe...
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