Podcast: Play in new window | Download
The Supreme Court recently heard oral arguments in the case of Vidal v. Elster to determine whether the USPTO’s refusal to register the trademark “Trump Too Small” violates the applicant’s First Amendment rights. Scott Hervey and Eric Caligiuri discuss this case on this installment of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Podcast: Play in new window | Download
Amazon is suing two social media influencers for promoting the sale of counterfeit luxury goods on the platform. Scott Hervey and Jamie Lincenberg discuss this case on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Continue reading Unmasking Luxury Knockoffs: Amazon Sues Influencers for Promoting Counterfeit Goods
Podcast: Play in new window | Download
In Blue Mountain Holdings v. Bliss Nutraceuticals, the 11th Circuit upheld a U.S. District Court finding that Lighthouse Enterprises issued a naked license to Blue Mountain, which covered the trademark in question. Scott Hervey and Eric Caligiuri discuss this case and how to avoid bearing the risks of a naked license in this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Continue reading How to Avoid Bearing The Risks of A Naked License
Podcast: Play in new window | Download
In the case of Brandy Melville v Redbubble, a three judge appellate panel explored whether an owner of an online market place is liable for contributory trademark infringement. Scott Hervey and Jamie Lincenberg discuss this on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Continue reading Shedding Light on ‘Willful Blindness’: Brandy Melville v Redbubble
Podcast: Play in new window | Download
The U.S. Supreme Court recently decided that trademark infringement claims under the Lanham Act only apply if the infringing “use in commerce” occurs in the United States. Scott Hervey and Tara Sattler talk about this case on this installment of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Continue reading The Supreme Court Limits the Reach of The Lanham Act
Podcast: Play in new window | Download
The U.S. Supreme Court provided clarification on the application of the Rogers test in relation to Jack Daniels v. VIP Products. Scott Hervey and Jamie Lincenberg talk about this ruling on this episode of The Briefing by the IP Law Blog.
Watch this episode on the Weintraub YouTube channel here.
Continue reading Bad Spaniels in the Doghouse – Jack Daniels Prevails in Trademark Fight
Podcast: Play in new window | Download
The U.S. Supreme Court will hear the USPTO’s appeal of a Federal Circuit ruling that allows individuals to register trademarks using the name of a living person without their consent. Scott Hervey and Tara Sattler discuss this on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Continue reading USPTO Suspends Applications Including Criticisms of Known Living Figures
Podcast: Play in new window | Download
While iconic catchphrases from TV and film can hold significant equity, protection of them can be spotty. Scott Hervey and Tara Sattler talk about the protectability of short phrases on this episode of The Briefing by the IP Law Blog.
Watch this episode on the Weintraub YouTube channel here.
Podcast: Play in new window | Download
The Trademark Trial and Appeals Board denied an application to register a trademark for essential oil dispensers meant to fill smoking devices with cannabis-based oils. Scott Hervey and Tara Sattler talk about this case on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Continue reading No Beating Around the Bush: TTAB Upholds Anti-Pot Policy
Podcast: Play in new window | Download
Major League Baseball player Aaron Judge went before the Trademark Trial and Appeals Board to block a person’s attempt to secure trademark rights for slogans that play on his name. Scott Hervey and Josh Escovedo discuss this dispute on this episode of The Briefing by the IP Law Blog.
Watch this episode on the Weintraub YouTube channel here.
Continue reading Aaron Judge Hits a Grand Slam Before the Trademark Trial and Appeal