Category Archives: IP Litigation

No Paper, No Standing: Kanye West, Copyright Transfers, and the Writing Requirement



What happens when artists agree to transfer rights to a musical composition but never put that transfer in writing? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Jessica R. Corpuz break down a federal court decision arising from a copyright dispute tied to Ye’s Donda album. The case turned on a simple but unforgiving rule of copyright law: without a written assignment, you do not own the copyright and you cannot enforce it.

In this episode, they cover:

Continue reading No Paper, No Standing: Kanye West, Copyright Transfers, and the Writing Requirement


Vetter v. Resnik: When Copyright Termination Goes Global



What happens when an artist terminates a decades-old copyright grant under U.S. law, but the work is still being exploited around the world? In this episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Matt Sugarman break down the Fifth Circuit’s decision in Vetter v. Resnik and what it means for worldwide copyright grants. In this episode, they discuss:

Continue reading Vetter v. Resnik: When Copyright Termination Goes Global


Skechers, TikTok, and Khaby Lame: Is Barrett Wissman Potentially Liable?



Can an arbitration provider force someone into arbitration who never signed the contract? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. break down the high-profile dispute involving Skechers, global influencer Khaby Lame, his management company KBL Services, and talent manager Barrett Wissman. At the center of the fight is a critical question of arbitration law: does the American Arbitration Association have jurisdiction over a non-signatory?

In this episode, they discuss:

Continue reading Skechers, TikTok, and Khaby Lame: Is Barrett Wissman Potentially Liable?


Kat Von D, Miles Davis, and the Possible Death of the Intrinsic Test?



When a jury says two works are not substantially similar, is that the end of the story? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. break down the Ninth Circuit’s decision arising from the Kat Von D tattoo of an iconic Miles Davis photograph and why it may signal the beginning of the end for the intrinsic test in copyright law.

In this episode, they cover:
Continue reading Kat Von D, Miles Davis, and the Possible Death of the Intrinsic Test?


Part Two: CCPA’s New Rules on Risk Assessments and Cybersecurity Audits



California privacy law has entered a new phase. In Part Two of this two-part episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Richard Buckley break down the CCPA’s new requirements for Risk Assessments and Cybersecurity Audits.

In this episode, they cover:

Continue reading Part Two: CCPA’s New Rules on Risk Assessments and Cybersecurity Audits


CCPA’s New Rules on Automated Decision making Technology (ADMT)



California privacy law has entered a new phase. In Part 1 of this two-part episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Richard Buckley breaks down California’s new CCPA regulations governing Automated Decision making Technology, or ADMT. This episode explains how the amended rules go beyond data collection and sharing to regulate how businesses use algorithms, artificial intelligence, and automated tools to make decisions about people.
In this episode, they cover:

Continue reading CCPA’s New Rules on Automated Decision making Technology (ADMT)


2025 IP Resolutions Start With a Review of IP Assets (Featured)



Your intellectual property is one of your company’s most valuable assets. Are you keeping track of it? In this episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Tara Sattler walk through why an IP checkup is a smart way to kick off the year and how businesses can safeguard their intellectual property assets.

Continue reading 2025 IP Resolutions Start With a Review of IP Assets (Featured)


A Very Patented Christmas: The Quirkiest Inventions for the Holiday Season (Featured)



Get into the holiday spirit with a look at some of the most unique Christmas patents ever filed. From Santa detectors to upside-down Christmas trees, Scott Hervey and Jamie Lincenberg explore festive inventions that add a little extra cheer to the season on this episode of The Briefing.

Continue reading A Very Patented Christmas: The Quirkiest Inventions for the Holiday Season (Featured)


Turkey, Trademarks, and Thanksgiving Branding – IP Protection for Recipes and Holiday Traditions



Who really owns your Thanksgiving traditions? In this special holiday edition of The Briefing, Weintraub Tobin partners Scott Hervey and Richard Buckley discuss how intellectual property law intersects with holiday food, recipes, and branding. Continue reading Turkey, Trademarks, and Thanksgiving Branding – IP Protection for Recipes and Holiday Traditions


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