Monthly Archives: March 2021

SPIN Trademark Has Peloton Wrapped Around the Axel



In this episode of The Briefing by the IP Law Blog, Peloton petitions to establish that SPIN and SPINNING are generic terms and can’t be trademarked. Josh and Scott discuss Peloton bringing a case against Mad Dogg’s trademarks and how they are now generic.

Watch this episode on YouTube, here.

Read Scott Hervey’s article about the topic on the IP Law Blog.


“Inspired By” Characters – Defamation Lawsuit As a Spinoff Part II



In this second of two episodes on this topic, Weintraub Tobin attorneys Scott Hervey and Josh Escovedo discuss defamation lawsuits in movies and TV that deal with “Inspired by” characters.

Watch this episode on Weintraub’s YouTube channel, here.

Listen to part one of this series here.

Read Scott Hervey’s blog post about this topic on the IP Law Blog.


“Inspired By” Characters – Defamation Lawsuit As a Spinoff Part I



This episode is part one of a two-part series of The Briefing by the IP Law Blog in which Weintraub Tobin attorneys Scott Hervey and Josh Escovedo discuss defamation lawsuits in movies and TV that deal with “Inspired by” characters.

Watch this episode on Weintraub’s YouTube channel, here.

Listen to part two of the series here.

Watch part two of the series here.

Read Scott Hervey’s blog post about this topic on the IP Law Blog.


Hard Cider Maker Can’t Whine About Trademark Opposition



In this episode of The Briefing by the IP Law Blog, Weintraub Tobin IP attorneys Scott Hervey and Josh Escovedo discuss a recent decision by the Trademark Trial and Appeal Board involving winemaker Delicato Vineyards and a hard cider maker from Virginia.

Delicato Vineyards, which owns the trademark GNARLEY HEAD for wine, opposed the registration of GNARLED ORCHARD for hard cider.

Watch this episode on the Weintraub YouTube channel, here.


The Ninth Circuit Affirms That Comic-Con isn’t Generic



In this episode of The Briefing by the IP Law Blog, intellectual property attorney Scott Hervey talks with co-host Josh Escovedo about Josh’s article “The Ninth Circuit Affirms Ruling that COMIC-CON isn’t Generic for Comic Conventions.”

Watch this episode on Weintraub’s YouTube channel, here.

Read Josh’s article on the IP Law Blog.


9th Circuit Provides Clear Copyright Guidance for Producers of Bio Pics



In this episode of The Briefing by the IP Law Blog, Weintraub Tobin attorneys Scott Hervey and Josh Escovedo discuss copyright litigation around the “Jersey Boys” — a musical and movie about The Four Seasons– involving an unpublished biography by one of the band members.

Watch this episode on Weintraub’s YouTube channel, here.


Navigating the Hazy Intersection of Cannabis Law & Trademarks



On this episode of The Briefing by the IP Law Blog, Weintraub Tobin IP attorneys Scott Hervey and Josh Escovedo discuss Josh’s article “Navigating the Hazy Intersection of Federal and State Law on Cannabis and Advising Clients on Protecting Their Trademarks.

Watch this episode on Weintraub’s YouTube channel, here.

Read the full article on The IP Law Blog, here.


The Essential Purpose of the Short Form Copyright Assignment



In this episode of The Briefing by the IP Law Blog, Weintraub attorneys Scott Hervey and Josh Escovedo discuss Scott’s article covering the merits of filing a Short Form Copyright Assignment.

Watch the video of this episode on the Weintraub YouTube channel, here.

Read the full article on the IP Law Blog, here


Copyright Infringement: BuzzFeed just got Buzz Worthy



In this episode of The Briefing by the IP Law Blog, Weintraub Tobin IP attorneys Scott Hervey and Josh Escovedo discuss Scott’s article on a copyright dispute between a photographer and Buzzfeed.

Watch the episode on Weintraub’s YouTube channel, here.

Read the full article on the IP Law Blog, here: “Second Circuit Frames Novel Issue of Photographer’s Claim of Copyright Infringement and DMCA Violation”