Category Archives: IP Litigation

Sequel, Spin-Off, or Something Else? The Legal Battle Over “ER” and “The Pitt”



Is ‘The Pit’ a spinoff, sequel, or something else entirely? Scott Hervey and Tara Sattler break down the lawsuit over ‘ER’ and whether ‘The Pit’ crosses the legal line into derivative territory on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel.

 

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ER Redux? The Anti-SLAPP Motion That Didn’t Stick



The estate of ‘ER’ creator Michael Crichton is suing Warner Brothers, claiming their new medical drama ‘The Pit’ is a derivative of ‘ER.’ IP and Entertainment attorneys Scott Hervey and Jessica Corpuz discuss this case on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel.

 

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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.

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2025 IP Resolutions Start With a Review of IP Assets



Kick off 2025 by reviewing your company’s IP assets! Whether you’re new to IP protection or a seasoned pro, it’s crucial to keep track of your valuable intellectual property. Scott Hervey & Tara Sattler break down key steps in safeguarding your trademarks, copyrights, and patents on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel.

 

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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.

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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.

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Deep Dive into the NO FAKES Act



A group of senators introduced an update to the ‘No Fakes Act,’ which protects the voice and visual likeness of individuals from unauthorized AI-generated recreations. Scott Hervey and James Kachmar discuss the changes to this act on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

 

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Nirvana Stuck in Lawsuit Over “Nevermind” Album Cover



Nirvana Stuck in Lawsuit Over Nevermind Album CoverAs James Kachmar previously wrote on the IP Law Blog, the man who was photographed as a naked baby in 1991 for Nirvana’s iconic “Nevermind” album cover is now suing the band for distributing child pornography. Scott Hervey and James discuss the Ninth Circuit’s opinion on the case in this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

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IP Rights and the “Public Good” Exemption to California’s Anti-SLAPP Law: An Update



In the case of Martinez v. Zoom Info Technologies, the Ninth Circuit addressed the “Public Interest” exemption to California’s anti-SLAPP law. Scott Hervey and James Kachmar talk about this case on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

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Are LEGO Creations Based on Religious Texts Eligible for Copyright Protection?



The creator of a LEGO brick Second Holy Temple product is accusing another LEGO creator of copyright infringement for their interpretation of the same temple. Scott Hervey and Eric Caligiuri discuss this case on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here or read Eric’s article about this case here.

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