Category Archives: IP Litigation

Dealmaking Pitfalls in NCAA’s New NIL Policy



Dealmaking Pitfalls in NCAA's New NIL PolicyIn this week’s episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss the NCAA’s recent policy change which allows college athletes to monetize their NIL, as well as potential downsides to the new policy.

Watch the full episode on the Weintraub YouTube channel, here.


NCAA Erects Challenge to ‘Vasectomy Mayhem’ Trademark



The Briefing, NCAA VasectomiesIn this week’s episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss the NCAA’s decision to petition a trademark held by a Urology office due to its alleged likeness to its own trademarks, ‘March Mayhem’ and ‘March Madness.’

Watch the video version of this episode online here.


Tattoos, Videogames, and Lawsuits: Who Owns the Copyright on Athletic Ink?



Cover Image reading, The Briefing, Tattoos in The NBAIn this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss lawsuits over identifiable tattoos on professional athletes featured in video games, and who owns the copyright to body art.

Watch the video version of this episode on the Weintraub YouTube Channel here.

Cases discussed:

Solid Oak Sketches, LLC v. 2K Games, Inc.

Alexander v. Take-Two Interactive Software, Inc.

Bill Graham Archives v. Dorling Kindersley, Ltd.

Darabont v. AMC Network Entm’t, LLC


Dr. Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part Two, Trademark)



Image of a light bulb with the words, The Briefing by the IP Law blog, followed by this episode's title. Dr Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal

In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Ninth Circuit Ruling on the trademark aspects of Dr. Seuss “mashups.”

Watch the video version of this episode on the Weintraub YouTube channel here.

To listen to part-one of this two-part series, click here.

Cases discussed:

Dr. Seuss Enterprises v. Penguin Books USA

Dr. Seuss Enterprises v. Comic Mix LLC

Mattel Inc. v. MCA Records Inc.

VIP Products LLC v. Jack Daniels Properties Inc.


Dr. Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part One, Copyright)



Graphic title of episode Dr. Seuss sets photon torpedoes on Star Trek MashupIn this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Ninth Circuit Ruling on the copyright aspects of Dr. Seuss “Mashups.”

Watch the video of this episode on the Weintraub Tobin YouTube channel here.

 

Cases discussed:

Dr. Seuss Enterprises v. Penguin Books USA

Dr. Seuss Enterprises v. Comic Mix LLC


Space Erotica Flick Not Infringed by Black Mirror



Graphic Title: Space Erotica Flick Not Infringed by Black MirrorThis week on the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the copyright lawsuit over a Black Mirror episode starring Miley Cyrus, the plot of which filmmaker Geoffrey Blair Hajim said was lifted from his film “Strange Frame: Love and Sax.”

Watch the episode on the “The Briefing from the IP Law Blog” YouTube channel: https://youtu.be/X1A3lKS7a8s


Andy Warhol’s Prince Prints: Not Fair Use!? (Part Two)



Opening graphic of The Briefing Video with title of episode: Andy Warhol's Prince Prints Not Fair Use!? Part Two In this week’s episode, attorneys Josh Escovedo and Scott Hervey discuss an update to the litigation over Andy Warhol’s series of portraits of the artist Prince (Andy Warhol Foundation v Goldsmith). They provide a recap of last week’s episode, which covers the Second Circuit decision in favor of Goldsmith, the photographer whose image Warhol used to create the Prince Portraits, and the holding that Warhol’s renditions were not transformative enough to be fair use. That decision overturned a lower court decision in favor of the Warhol Foundation.

This week, Scott and Josh discuss the possible impact of the Supreme Court fair use decision in Google LLC v Oracle America, Inc., including the Andy Warhol Foundation’s petition to the Second Circuit for review of the Goldsmith decision.

A video version of this episode can be found on “The Briefing from the IP Law BlogYouTube channel, here.


Andy Warhol’s Prince Prints: Not Fair Use!? (Part One)



Title Graphic from The Briefing from the IP Law Blog, featuring the episode title.In this week’s episode, attorneys Josh Escovedo and Scott Hervey discuss the litigation over Andy Warhol’s series of portraits of the artist Prince (Andy Warhol Foundation v Goldsmith). Their discussion covers the Second Circuit decision in favor of Goldsmith, the photographer whose image Warhol used to create the Prince Portraits, and the holding that Warhol’s renditions were not transformative enough to be fair use. The decision overturned a lower court decision in favor of the Warhol Foundation.

Production Note: This episode includes a discussion of the high-profile litigation between the artist Shepard Fairey and the Associated Press over Fairey’s iconic “Hope” poster of then-presidential candidate Barack Obama. Throughout the episode, Scott and Josh mispronounce Fairey’s last name as “Farley.”  They offer apologies to listeners and to the artist.

A video version of this episode can be found on “The Briefing from the IP Law BlogYouTube channel, here.


What’s In a Name: Clearing Titles for Film and Television



Title Frame - The Briefing from the IP Law Blog. What's In a Name: Clearances for Film and TelevisionIn this week’s episode, attorneys Scott Hervey and Josh Escovedo discuss the process of clearing titles for Film and Television shows. They discuss recent high-stakes litigation around entertainment titles, including Stouffer v. National Geographic Partners LLC, Jon Astor-White v. Daniel Strong (Empire), and the “Honey Badger” case.

View the video on YouTube here:https://youtu.be/3w8Bcjb6__A

Here’s a link to a previous episode of The Briefing discussing the Empire litigation: https://www.theiplawblog.com/2020/10/articles/copyright-law/empire-copyright-litigation/

Here’s an article Scott wrote on how the Empire litigation extended permitted use of third-party trademarks: https://www.theiplawblog.com/2017/12/articles/trademark-law/ruling-in-lawsuit-over-foxs-use-of-empire-extends-permitted-use-of-third-party-trademarks/

Here is a link to an article on the IP Law Blog about the “Honey Badger” case: https://www.theiplawblog.com/2018/08/articles/ip/honey-badger-dont-care-the-rogers-test-and-trademark-infringement/


Defamation Lawsuit Against Netflix Dropped + New York Protects Dead Celebrities



Scott Hervey and Josh Escovedo discuss two topics in this episode of The Briefing. First, they talk about GEO Group’s defamation lawsuit against Netflix over the show “Messiah,” just dropped. Then, at 8:20, they move onto New York’s new post-mortem Right of Publicity law.

The video recording of this conversation is on Weintraub Tobin’s YouTube channel.

For more information on the New York statute, read Scott’s post on the IP Law Blog: I See Dead People…Filing Lawsuits in New York.