Category Archives: Entertainment IP

New York Times v. Perplexity AI: Copyright, Hallucinations, and Trademark Risk



In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Matt Sugarman break down The New York Times v. Perplexity AI, a lawsuit that goes beyond copyright and into largely untested trademark territory. They discuss the Times’ allegations that Perplexity copied its journalism at both the input and output stages and, more significantly, that the AI attributed fabricated or inaccurate content to the Times using its trademarks. The case raises new questions about false designation of origin, trademark dilution, and how AI hallucinations could expose platforms to liability. Continue reading New York Times v. Perplexity AI: Copyright, Hallucinations, and Trademark Risk


Nudity Riders, Consent, and the Terrifier Lawsuit: What Producers Must Know



The Terrifier franchise is one of the most unlikely independent horror success stories of the last 25 years. But a new lawsuit challenges how the first film was made and raises serious questions about performer consent and on-set protections. In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Matt Sugarman break down actress Catherine Corcoran’s lawsuit against the film’s producers and what it reveals about SAG-AFTRA requirements for nudity and simulated sex scenes.
Continue reading Nudity Riders, Consent, and the Terrifier Lawsuit: What Producers Must Know


Soup for Change: Campbell’s Sues a Congressional Candidate



In this episode of The Briefing, Scott Hervey and Richard Buckley break down Campbell Soup Co. v. Campbell for Congress, the lawsuit over a political candidate’s “Soup4Change” slogan and AI-generated soup can design. They cover the backstory, the trademark and First Amendment arguments, and how the Hershey case may influence the court’s view of political campaign branding. Tune in for a clear look at where trademark law meets political speech.

Watch this episode on YouTube.


Reboot or Not? The Battle Between ER’s Creator and Warner Bros Hits the Court of Appeal



After losing its anti-SLAPP motion, Warner Bros. has appealed in Roadrunner JMTC LLC v. Warner Bros. Television, the lawsuit brought by Michael Crichton’s estate claiming the new series The Pitt is an unauthorized derivative of ER.

In this episode of The Briefing, Weintraub Tobin attorneys Scott Hervey and Tara Sattler discuss:

Continue reading Reboot or Not? The Battle Between ER’s Creator and Warner Bros Hits the Court of Appeal


Tyrrell Winston v. NBA: When Artistic Style Becomes Copyright



When artistic identity meets corporate branding, where does copyright law draw the line?
 
In a new episode of The Briefing, Scott Hervey and Richard Buckley discuss the lawsuit filed by artist Tyrrell Winston against the New Orleans Pelicans.
Winston—whose distinctive sculptures of deflated basketballs arranged in grids have been exhibited worldwide and licensed by brands like Nike, Adidas, and even NBA teams—claims the Pelicans copied his signature style in a social media campaign.

Continue reading Tyrrell Winston v. NBA: When Artistic Style Becomes Copyright


When Consent Isn’t Enough – The TTAB’s Decision in In re Ye Mystic Krewe of Gasparilla



A consent agreement can be a powerful tool to overcome a USPTO likelihood-of-confusion refusal—but only if it’s done right. In this episode of The Briefing, Weintraub Tobin attorneys Scott Hervey and Richard Buckley discuss the TTAB’s precedential decision in In re Ye Mystic Krewe of Gasparilla, where the Board rejected a one-page consent agreement as a “naked consent” insufficient to overcome a Section 2(d) refusal. Continue reading When Consent Isn’t Enough – The TTAB’s Decision in In re Ye Mystic Krewe of Gasparilla

Protecting Fictional Characters: Copyright and Trademark Strategies



Can a car, a superhero, or even a cartoon sidekick be protected by copyright? In this episode of The Briefing, Scott Hervey and Matt Sugarman break down how fictional characters earn legal protection — and when they don’t.
 
From DC Comics v. Towle (the “Batmobile” case) to Carroll Shelby Licensing v. Halicki (the “Eleanor” case), Scott and Matt explore the three-part test for character copyrightability, how trademark rights can extend protection, and what creators and studios can do to safeguard their most valuable IP assets.

Continue reading Protecting Fictional Characters: Copyright and Trademark Strategies


The Nirvana Baby Lawsuit – A Win for Nirvana



A federal court has granted summary judgment for Nirvana, dismissing Spencer Elden’s claim that the Nevermind album cover — depicting him as a baby — constituted child pornography. In this episode of The Briefing, Scott Hervey and James Kachmar revisit their earlier coverage of the Ninth Circuit’s decision and unpack how the district court’s final ruling turned on artistic intent and context rather than perception.

Continue reading The Nirvana Baby Lawsuit – A Win for Nirvana


George Santos vs. Jimmy Kimmel: Why the 2nd Circuit Sided with Comedy



Former Congressman George Santos sued Jimmy Kimmel after the late-night host used Cameo videos in a comedy segment called “Will Santos Say It?” Santos claimed copyright infringement and fraud, but both the District Court and the Second Circuit said Kimmel’s use was fair use. In this episode of The Briefing, Scott Hervey and Tara Sattler break down:
 
● How Kimmel obtained the videos using fake Cameo accounts
 
● Why the District Court dismissed Santos’s case
 
● How the Second Circuit reinforced that criticism and satire are protected under fair use
 
● Why Santos’s contract and fraud claims also failed
Watch this episode on YouTube.

Neil Young vs. Chrome Hearts: When Rock Meets Runway in Court



Neil Young vs. Chrome Hearts: When Rock Meets Runway in CourtNeil Young vs. Chrome Hearts — What happens when a rock legend collides with a luxury fashion powerhouse? Chrome Hearts has filed suit against Neil Young, claiming his new band “Neil Young and the Chrome Hearts” infringes on their famous trademark

 
On this episode of The Briefing, Weintraub attorneys Scott Hervey and James Kachmar unpack the lawsuit, analyze the likelihood of confusion, and compare it to the Lady Gaga “Mayhem” case. Plus, they share practical takeaways for musicians to avoid trademark trouble.

Continue reading Neil Young vs. Chrome Hearts: When Rock Meets Runway in Court