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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:
- Why the court treated the copied photos as a copyright issue, not a trademark issue
- What Brandy Melville needed to show to support its trademark claims
- How brands should think about protecting product images, marketing content, and visual identity online
Tune in for a clear look at where copyright protection ends and trademark law begins.