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In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. return to copyright fundamentals and explain how these rules affect creators, businesses, developers, filmmakers, and anyone commissioning creative work.
They cover:
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In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara J. Sattler break down Cesari S.R.L. v. Peju Province Winery L.P., a long-running dispute involving the LIANO and LIANA wine marks.
The Second Circuit vacated a judgment against Peju after finding that the earlier Trademark Trial and Appeal Board decision did not consider how the companies actually used their marks in the marketplace.
In this episode, they cover:
Continue reading Peju Province Winery v Cesari: When a TTAB Loss Doesn’t Follow You to Court
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In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara J. Sattler break down the Supreme Court’s decision in Cox Communications v. Sony Music Entertainment, which reversed a $1 billion judgment against the internet service provider.
They discuss:
Continue reading Cox v Sony: Did the Supreme Court Just Give AI Companies a Copyright Shield?
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In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler discuss what the law requires, which advertisements may be exempt, and how brands and agencies should approach compliance.
They cover:
Continue reading Fake People, Real Ads: New York’s New Rules for AI-Generated Performers
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In this episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Matt Sugarman discuss SAG-AFTRA’s new 2026 TV/Theatrical Agreement and the updated AI provisions shaping the future of entertainment production.
In this episode, they cover:
Continue reading New SAG AFTRA Contract New AI Rules and Other Changes for Actors and Producers
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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:
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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:
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In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Jessica Marlow break down UMG Records v. Last Brand, the lawsuit targeting Quince’s alleged use of unlicensed music across social media marketing.
In this episode, they cover:
Continue reading UMG v. Quince: When Trending Audio Becomes Copyright Infringement