
The Briefing by Weintraub Tobin
275 episodes — Page 5 of 6
S1 Ep 74Top Gun Maverick – Right Into The Copyright Lawsuit Zone
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright dispute, in which the heirs of the author who inspired the movie “Top Gun” claim that the film’s sequel infringes on their copyright to the story. Watch this episode on the Weintraub YouTube channel, here.
S1 Ep 73What The Settlement of Ratajkowski/Paparazzi Copyright Lawsuit Means For Fair Use
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the copyright infringement dispute between a paparazzo and Emily Ratajkowski, and discuss the settlement’s implications for Fair Use. Watch this episode on the Weintraub YouTube channel, here.
S1 Ep 72Judge Throws a Flag on the Play in USFL IP Litigation
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the dispute between the original USFL and Fox, over the network’s attempt to revive the football league. Watch this episode on the Weintraub YouTube channel, here.
S1 Ep 71The Supreme Court Grants Certiorari in Copyright Infringement Action Involving Warhol, Prince, and Goldsmith
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a photographer’s copyright infringement action against the Andy Warhol Foundation, over several Warhol paintings that utilize the photographer’s images as source material. Watch this episode on the Weintraub YouTube channel, here.
S1 Ep 70Senator Hawley Targets Disney with So-Called Copyright Reform Bill
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss Senator Josh Hawley’s proposed copyright bill and its implications for the Walt Disney Company. Watch this episode on the Weintraub YouTube channel, here.
S1 Ep 69An Idea Doesn’t Have to be Novel to be Stolen (In California)
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss idea theft claims in California and whether the issue of novelty can be an element of the case. Watch this episode on the Weintraub YouTube channel, here.
S1 Ep 68Jerry West Thinks His Portrayal in HBO’s “Winning Time” is a Loser
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a dispute between Jerry West and HBO over his portrayal in the Lakers docudrama “Winning Time.” Watch this episode on the Weintraub YouTube channel, here.
S1 Ep 67The Original USFL Throws a Flag at Fox’s Attempted Revival of the United States Football League
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a dispute between the original USFL and Fox, over the network’s attempt to revive the football league. Watch this episode on the Weintraub YouTube channel, here.
S1 Ep 66The Case of the Stolen Ampersand and the (Non)Protectability of Fonts
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss an intellectual property dispute between a typeface designer and Banana Republic, over the retailer’s use of a stylized ampersand design. Watch this episode on the Weintraub YouTube channel, here.
S1 Ep 65SCOTUS Issues First IP Ruling of 2022 in Unicolors, Inc. v. H&M Hennes & Maurits, LP
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Supreme Court’s first intellectual property ruling of 2022. Watch this episode on the Weintraub YouTube channel, here.
S1 Ep 64March Madness Marketing Rebounds With a New Twist
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss how marketing practices changed for the March Madness tournament this year, and what that meant for athletes. Watch this episode on the Weintraub YouTube channel, here.
S1 Ep 63Supreme Court Petitioned to Overturn 8th Circuit’s Holding on Architectural Plans that Upends “Standard Marketing Practices” in Real Estate Industry
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the 8th Circuit’s opinion on copyright protection for architectural plans that could uphend “standard marketing practices” in Real Estate. Watch this episode on the Weintraub YouTube channel, here.
S1 Ep 62Cookie Co’s Motion to Dismiss Trademark Lawsuit by Restaurant Crumbles
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark dispute between a restaurant and a craft cookie maker, over the use of similar marks for cookies. Watch this episode on the Weintraub YouTube channel, here.
S1 Ep 61Heirs of Evel Knievel Clearly Do Not Have a Friend in Disney
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedodiscuss a dispute between the heirs of Evel Knievel and Disney, over claims of similarities between the late daredevil and the “Toy Story 4” character Duke Caboom. Watch this episode on the Weintraub YouTube channel, here.
S1 Ep 60Hermès Attempts to Bag Digital Creator Selling MetaBirkin NFTs
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a Trademark dispute between luxury retailer Hermès and a digital artist over his creation of Birkin Bag NFTs. Watch this episode on the Weintraub YouTube channel, here.  
S1 Ep 59Copyright Office Rejects Application for A.I. Created Art Work
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the U.S. Copyright Office’s refusal to register a copyright for a piece of artwork created by Artificial Intelligence. Watch this episode on the Weintraub YouTube channel, here.
S1 Ep 58Nike Tries to Stomp Out StockX’s Attempt to Sell NFTs of Nike Sneakers
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss Nike’s attempt to stop StockX from selling NFT’s of Nike sneakers. Watch this episode on the Weintraub YouTube channel, here.
S1 Ep 57If a Photograph is Infringed But No One Sees it, is it Still Infringement?
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a photographer’s copyright infringement lawsuit against a travel website that stored his image on a webpage where it’s unlikely to be viewed by the public. Watch this episode on the Weintraub Youtube channel, here.
S1 Ep 56More NFT Confusion: Art Collector Files Lawsuit to Establish Right to Turn Painting into NFT
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss an art collector’s attempt to turn a painting that was purchased into a series of NFTs, and the artist’s estate’s effort to stop it. Watch this episode on the Weintraub YouTube channel, here.      
S1 Ep 55Sponsored Post Lands Beauty Influencer in Trademark Infringement Lawsuit
In this episode of The Briefing from by IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark infringement lawsuit that was filed against a beauty influencer for a sponsored post she shared on social media. Watch this episode on the Weintraub YouTube channel, here.
S1 Ep 54Federal Judge Holds Swiss Cheese Makers’ Claim to Gruyere Full of Holes
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the exclusive right to control the use of Gruyere for cheeses in the U.S. Watch this episode on the Weintraub YouTube channel, here.
S1 Ep 54Jack’s Lawsuit Against FTX is Back in the Box
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the legal dispute between fast-food chain Jack in the Box and cryptocurrency exchange FTX. Watch this episode on the Weintraub YouTube channel, here.
S1 Ep 53Copyright Cases to Watch in 2022
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo talk about copyright cases to look out for in 2022. Watch this episode on the Weintraub YouTube channel, here.
S1 Ep 52Miami Dolphins Coach Plays Defense Against Sports Psychologist’s Copyright Infringement Lawsuit
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright dispute between a sports psychologist and a Miami Dolphins assistant coach. Watch this episode on the Weintraub YouTube Channel, here.
S1 Ep 51YouTube Removes 150 Videos from Popular AniTuber’s Channel
In this episode of The Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright dispute which led to the removal of three years worth of content from a popular anime YouTuber’s channel. Watch this episode on the Weintraub YouTube channel, here.
S1 Ep 50Supreme Court Boots Australian Boot Maker’s Appeal for Attempting to Use Ugg’s Trademark
In this episode of The Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark dispute between UGG and an Australian shoemaker who attempted to sell a boot called “UGG”. Watch this episode on the Weintraub YouTube channel, here.
S1 Ep 49Trouble in House of Gucci: Does the Family Have a Claim Following Release of New Film?
In this episode of The Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo say family members behind the fashion powerhouse Gucci may take legal action following the release of the film, House of Gucci. Watch this episode on the Weintraub Vimeo channel, here.
S1 Ep 48Lord of The Rings Author’s Estate Clings to its Precious Trademark, Blocking JRR Token
In this episode of The Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark dispute between the Lord of The Rings author’s estate and the cryptocurrency JRR Token. Watch this episode on the Weintraub YouTube channel, here.
S1 Ep 47Say NFT Again – I Dare You: Miramax Sues Quentin Tarantino Over Plans to Sell “Pulp Fiction” NFT
In this episode of the Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss a legal dispute between Miramax and Quentin Tarantino, over his efforts to sell “Pulp Fiction” themed NFTs. Watch this episode on the Weintraub YouTube channel, here.
S1 Ep 46Cleveland Now Has Two Guardians: The Baseball Team and the Roller Derby Team Settle Their Case and Agree to Joint Use
In this episode of The Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss an update in the trademark legal battle between the Cleveland Guardians Baseball and Roller Derby teams. Watch the episode on the Weintraub YouTube channel, here.
S1 Ep 45Jack in the Box Pops a Spring Over Mascot Trademark Dilution
In this episode of the Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark dispute between Jack in the Box and cryptocurrency marketplace FTX. Jack in the Box claims that FTX’s new mascot is too similar to theirs. Watch this episode on the Weintraub YouTube channel, here.
S1 Ep 44DMCA: The Right to Repair and More New Exemptions
In this episode of the Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss the U.S. Copyright Office’s new exemptions to the DMCA. Watch this episode on the Weintraub YouTube channel, here.  
S1 Ep 43Embed at Your Own (Copyright) Risk
In this episode of the Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright lawsuit against Buzzfeed over its practice of embedding images from social media pages into their website. Watch this episode on the Weintraub YouTube channel, here.
S1 Ep 42Guardians of the Trademark: Cleveland Baseball Team and Cleveland Roller Derby Team Clash Over IP
In this episode of the Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss the latest developments in the trademark dispute between the Cleveland Guardians Baseball Company – formally the Cleveland Indians – and the Cleveland Roller Derby. You can watch this episode on the Weintraub YouTube channel, here.
S1 Ep 41This Could Change Paparazzi Mood Forever – Update on the Ratajkowski / Paparazzi Copyright Lawsuit
In this episode of the Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on a copyright lawsuit against model Emily Ratajkowski, for sharing images taken of her by paparazzi on her social media accounts. Watch this episode on the Weintraub YouTube channel, here.
S1 Ep 40A Spooky Copyright Decision for Producers of Friday the 13th Franchise
As Scott Hervey mentioned on the IP Law Blog, a much-anticipated copyright reversion case involving the slasher franchise, Friday the 13th was decided. In this episode of the Briefing by the IP Law Blog, Scott and Josh Escovedo dive deeper into the lawsuit. Watch this episode on the Weintraub YouTube channel, here. Read more about the case on the IP Law Blog, here.
S1 Ep 39Don’t Scream: Copyright Infringement Case Finds for “Scary Terry” Rozier
In this episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright dispute between professional basketball player Terry Rozier III and holiday product manufacturer, Easter Unlimited, over his use of the iconic ghost mask from the horror film, “Scream.” Watch this episode on the Weintraub YouTube channel, here.
S1 Ep 38Court Melts Ice Cube’s Trademark Lawsuit against Robinhood + Update
This week on the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a dispute between rapper Ice Cube and Robinhood over the trading app’s use of Ice Cube’s image in a newsletter. Watch this episode on the Weintraub YouTube channel, here.
S1 Ep 37Naming Rights for LA Clippers Dome: FinTech Steps Intuit
This week on the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the naming rights agreement between the Los Angeles Clippers and Intuit whereby the Clippers agreed to name their new $1.8 billion arena in Inglewood, California, the Intuit Dome. Watch this episode on the Weintraub YouTube channel, here.
S1 Ep 36Keeping an Eye on Warby Parker Adwords Trademark Infringement Lawsuit
This week on The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark infringement lawsuit filed by 1-800 Contacts that accuses Warby Parker of buying search-engine keywords for “1-800 Contacts” to misdirect customers to its competing online store. Watch this episode on the Weintraub YouTube channel, here.
S1 Ep 35Could a Trademark Search Have Saved ‘The Cleveland Indians’ Botched Rebrand?
In this week’s episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Cleveland Indian’s attempt to rebrand as the Cleveland Guardians, and the complications that arose surrounding the new trademark. Watch the episode on the Weintraub YouTube channel, here.
S1 Ep 34San Diego Gulls’ Wings Clipped in Dispute Over Logo Copyright
In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss an intellectual property dispute between the San Diego Gulls Hockey Club and ECHL, Inc. Watch the full episode on the Weintraub YouTube channel, here.
S1 Ep 33Could Netflix Be Liable in “When They See Us” Defamation Case?
In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a defamation lawsuit filed by a former Manhattan prosecutor against Netflix over her portrayal in the “When They See Us” series. Watch the full episode on the Weintraub YouTube channel, here.  
S1 Ep 32Prince Estate Wants Winery’s ‘Purple Rain’ Trademark Back in the Bottle
In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a legal dispute between the Prince estate and an Ohio-based winery over the rights to the trademark “Purple Rain.” Watch the video episode on the Weintraub YouTube channel, here.
S1 Ep 31Dealmaking Pitfalls in NCAA’s New NIL Policy
In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the NCAA’s recent policy change which allows college athletes to monetize their NIL, as well as potential downsides to the new policy. Watch the full episode on the Weintraub YouTube channel, here.
S1 Ep 30NCAA Erects Challenge to ‘Vasectomy Mayhem’ Trademark
In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the NCAA’s decision to petition a trademark held by a urology office due to its alleged likeness to its own trademarks, ‘March Mayhem’ and ‘March Madness.’ Watch the video version of this episode on Weintraub’s YouTube channel, here.
S1 Ep 29Tattoos, Videogames, and Lawsuits: Who Owns the Copyright on Athletic Ink?
In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss lawsuits over identifiable tattoos on professional athletes featured in video games, and who owns the copyright to body art. Watch the video version of this episode on the Weintraub YouTube channel here. Cases discussed: Solid Oak Sketches, LLC v. 2K Games, Inc. Alexander v. Take-Two Interactive Software, Inc. Bill Graham Archives v. Dorling Kindersley, Ltd. Darabont v. AMC Network Entm’t, LLC
S1 Ep 28Dr. Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part Two, Trademark)
In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Ninth Circuit ruling on the trademark aspects of Dr. Seuss “mashups.” Watch the video version of this episode on the Weintraub YouTube channel here. Listen to part one of this topic here. Watch the video version of part one here. Cases discussed: Dr. Seuss Enterprises v. Penguin Books USA Dr. Seuss Enterprises v. Comic Mix LLC Mattel Inc. v. MCA Records Inc. VIP Products LLC v. Jack Daniels Properties Inc.
S1 Ep 27Dr. Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part One, Copyright)
In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Ninth Circuit ruling on the copyright aspects of Dr. Seuss “Mashups.” Watch the video of this episode on the Weintraub YouTube channel here. Listen to part two of this topic here. Watch part two of this topic here. Cases discussed: Dr. Seuss Enterprises v. Penguin Books USA Dr. Seuss Enterprises v. Comic Mix LLC
S1 Ep 26Don’t Film So Close to Me: Can Copyrighted Music Keep Vids of Police Encounters Off The Internet?
In this week’s episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss recent news stories reporting that police officers played copyrighted music during filmed encounters, ostensibly to keep the videos from being uploaded to the Internet. Scott and Josh discuss how copyright law, the DMCA, and fair use apply to this tactic. Watch the video of this episode on the Weintraub YouTube channel, here. Scott’s article on this topic on the IP Law Blog can be read here. Case discussed: Lenz v. Universal Music Group