Category Archives: Entertainment IP

Diana Copeland – “Surviving R. Kelly” But Not Netflix’s Motion to Dismiss



In this installment of The Briefing, Scott Hervey & Jessica Corpuz cover the landmark defamation case Copeland v. Netflix—dissecting the high bar for public figures to prove defamation and the critical concept of “actual malice.” From the Surviving R. Kelly documentary to First Amendment protections, they unpack the legal complexities surrounding public figures and media reporting.

Watch this episode on the Weintraub YouTube channel here.

Continue reading Diana Copeland – “Surviving R. Kelly” But Not Netflix’s Motion to Dismiss


Court Drowns Pepperdine’s ‘Waves’ Trademark Battle Against Netflix



On the latest episode of The Briefing, Weintraub attorneys Scott Hervey and Jessica Corpuz break down the court’s decision in Pepperdine’s trademark fight with Netflix over the name “Waves” in the new series Running Point. Tune in for insights on this case and how the Jack Daniel’s ruling is reshaping trademark law in entertainment.

Continue reading Court Drowns Pepperdine’s ‘Waves’ Trademark Battle Against Netflix


The Briefing: The Stanley Cup Clash – A Trademark Battle



The Briefing The Stanley Cup Clash - A Trademark BattleDid you know the popular Stanley Travel Cup is tied to Stanley Black & Decker? A lawsuit is brewing over trademark rights and branding disputes. Is PMI overstepping, or is Stanley Black & Decker overreaching?  Weintraub Tobin attorneys Scott Hervey and Tara Sattler discuss the legal battle over the iconic cup on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

Continue reading The Briefing: The Stanley Cup Clash – A Trademark Battle


The Briefing: Westlaw v. Ross AI – Is This The End of AI Training or The Future of AI Training



West Law v. Ross AIMajor AI copyright ruling – The Delaware District Court’s decision in Thomson Reuters v. Ross AI could have huge implications for AI training and copyright law. On this episode of The Briefing, Weintraub attorneys Scott Hervey and Andy Tan break down the case, its impact on the AI industry, and what it means for content creators.

Watch this episode on the Weintraub YouTube channel here.

Continue reading The Briefing: Westlaw v. Ross AI – Is This The End of AI Training or The Future of AI Training


Federal District Court Adopts Problematic “Vibe Copyright” Protection in Influencer Fight



In the case of Sydney Nicole vs. Alyssa Sheil, a federal district judge ruled that certain vibes and aesthetics can be protected under copyright law. Weintraub attorneys Scott Hervey and Tara Sattler break down this decision and what it means for content creators and brands in the digital age on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

Continue reading Federal District Court Adopts Problematic “Vibe Copyright” Protection in Influencer Fight


Creator Contract Liability When Your Platform Disappears: The TikTok Ban



As TikTok’s future in the US hangs in the balance, influencers and brands are left wondering how a potential ban could impact their posting contracts. In this episode of The Briefing, Scott Hervey and Jamie Lincenberg dive into the potential legal challenges and share insights on how brands can stay ahead of the curve in this ever-changing landscape.

Watch this episode on the Weintraub YouTube channel.

Continue reading Creator Contract Liability When Your Platform Disappears: The TikTok Ban


About Face: Courts Weigh AI Face-Swapping Technology and Celebrity Rights



The Ninth Circuit recently upheld a ruling allowing a class action against NeoCortex, the creators of the Reface app, over the unauthorized use of content creator Kyland Young’s likeness. This case highlights the growing tension between AI innovation and individual rights. Scott Hervey and Jamie Lincenber discuss the lawsuit and what it means for AI companies using digital likenesses on this installment of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

Continue reading About Face: Courts Weigh AI Face-Swapping Technology and Celebrity Rights


Navigating the Legal Risks for Brands in Social Media Marketing – Part 2 (Archive)



In part 2 of our social media marketing series, Scott Hervey and Jessica Marlow deep dive into the unique legal risks brands face when navigating social media. From FTC compliance to IP infringement and content clearance, discover the essentials for protecting your brand in the digital age on this archive episode of The Briefing. Find part one here.

Watch this episode on the Weintraub YouTube channel.

Continue reading Navigating the Legal Risks for Brands in Social Media Marketing – Part 2 (Archive)


Navigating the Legal Risks for Brands in Social Media Marketing – Part 1 (Archive)



While influencer marketing has become popular in the creator space, it doesn’t come without risks. From IP infringement to FTC compliance, Scott Hervey and Jessica Marlow discuss the key issues surrounding brand endorsement deals in this archive two-part episode of The Briefing.

Watch this episode on the Weintraub YouTube channel.

Continue reading Navigating the Legal Risks for Brands in Social Media Marketing – Part 1 (Archive)


Turkey, Trademarks, Copyright, and Cranberry Sauce – IP and Recipes



This Thanksgiving, we’re diving into the world of intellectual property and recipes. Can chefs own their culinary creations? Can a recipe be copyrighted? From Turducken trademarks to creative cookbooks, we’re discussing the legal side of your favorite holiday dishes. Tune in to The Briefing’s milestone 200th episode with Scott Hervey and Tara Sattler for all the tasty legal details.

Watch this episode on the Weintraub YouTube channel here.

Continue reading Turkey, Trademarks, Copyright, and Cranberry Sauce – IP and Recipes