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In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Matt Sugarman revisit Lil’ Joe Records, Inc. v. Ross after the Eleventh Circuit reversed the district court’s ruling in favor of 2 Live Crew. The decision turns on a key bankruptcy issue: whether a copyright termination interest that was never scheduled in a Chapter 7 case remains property of the bankruptcy estate.

In this episode, they cover: Continue reading Lil’ Joe Records v. 2 Live Crew: Bankruptcy and Copyright Termination 11th Circuit →

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In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. break down Patagonia’s trademark lawsuit against drag performer and environmental activist Pattie Gonia. They discuss the trademark claims, the First Amendment defenses, and the broader question of whether filing the lawsuit was the right strategic move.

They cover:

Continue reading Should Patagonia have sued Pattie Gonia? Trademark Enforcement, Rogers Test, and the cost of being right. →

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In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler discuss the court’s ruling, where Brandy Melville’s trademark claims fell short, and whether a different trademark argument could have changed the outcome.

They cover:
Continue reading Brandy Melville vs. Shein: When Copying Photos Isn’t Trademark Infringement →

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Pepperdine has used the “Waves” name for its athletic teams since 1937. Netflix’s Running Point also features a fictional basketball team called the Waves.

In this episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Tara Sattler break down Pepperdine’s trademark lawsuit against Netflix, the ruling on Netflix’s motion to dismiss, and what the decision says about the Rogers test after Jack Daniel’s v. VIP Products.

They cover:

Continue reading Pepperdine’s Trademark Claim Against Netflix in “Running Point” Case Goes Under For Good →