Category Archives: Trademark Law

Cox v Sony: Did the Supreme Court Just Give AI Companies a Copyright Shield?



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:

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New SAG AFTRA Contract New AI Rules and Other Changes for Actors and Producers



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:

 

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UMG v. Quince: When Trending Audio Becomes Copyright Infringement



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:

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Documentary Fair Use After Warhol: The Tenth Circuit Gets It Right



Did the courts just preserve documentary filmmaking as we know it? In this episode of The Briefing, Weintraub Tobin Partner Scott Hervey and Associate Caroline M. Korpiel revisit the Tiger King fair use dispute and break down the Tenth Circuit’s new opinion in Whyte Monkee Productions v. Netflix.

In this episode, they cover:

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Lemon Pound Cake and the First Amendment



What happens when a failed police raid turns into a music video about lemon poundcake and a $3.9 million lawsuit?

In this episode of The Briefing, Scott Hervey and Richard Buckley, Jr. break down the Afroman defamation case, where surveillance footage, satire, and public officials collide under First Amendment law.

In this episode, they cover:

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Vampires, Love Triangles, but No Infringement



What happens when two fantasy stories share the same DNA? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Matt Sugarman break down a major copyright decision involving the Crave series and what it means for substantial similarity in fiction.

In this episode, they cover:

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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.

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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


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.


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.

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