Category Archives: Uncategorized

Is This Just A Copycat Influencer Case or Something More Problematic?



Can an influencer sue another for having a similar aesthetic? Scott Hervey and Jessica Marlow dive into a Texas case that could reshape creator marketing on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel.

 

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Trademark Turbulence – Oakland vs SFO in Trademark Showdown



Oakland’s attempt to rename its airport didn’t take off. On this episode of The Briefing, Scott Hervey and Jamie Lincenberg discuss the trademark dispute between San Francisco and Oakland over airport naming rights.

Watch this episode on the Weintraub YouTube channel.

 

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“Hold On” You Can’t Use That Music in Your Presidential Campaign



The estate of the late singer and songwriter Isaac Hayes sued former President Donald Trump for using one of his songs at campaign events and rallies. Scott Hervey and Tara Sattler discuss this case in this installment of The Briefing.

Watch this episode on the Weintraub YouTube channel.

Continue reading “Hold On” You Can’t Use That Music in Your Presidential Campaign


Punchbowl News’ Trademark Win Despite Rogers Setback



Punchbowl News won the trademark infringement lawsuit filed by greeting card and event planning company, Punch Bowl Inc., despite a previous setback at the Ninth Circuit. Scott Hervey and Jamie Lincenberg discuss this recent development in this installment of The Briefing.

 

 

Cases Discussed:

  • Rogers V. Grimaldi
  • Jack Daniels Properties Inc. Versus VIP products
  • Punchbowl, Inc. V. Aj Press, Llc

Watch this episode on the Weintraub YouTube channel here.

Continue reading Punchbowl News’ Trademark Win Despite Rogers Setback


Ninth Circuit Pulls Back Rogers Test in Light of Jack Daniels Decision



Ninth Circuit Pulls Back Rogers Test in Light of Jack Daniels Decision As Scott Hervey previously wrote on the IP Law Blog, the holding in the Supreme Court case Jack Daniels Properties v. VIP Products limits the applicability of the Rogers test. Scott and Jamie Lincenberg talk about this case on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

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It’s Not Yabba-Dabba-Delicious – TTAB Denies Color Mark for Post Fruity Pebbles!



Fruity Pebbles failed to attain a trademark for the various colors of its cereal. Scott Hervey and Jessica Marlow discuss the TTAB’s decision to reject the trademark application on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

 

Continue reading It’s Not Yabba-Dabba-Delicious – TTAB Denies Color Mark for Post Fruity Pebbles!


Beyond the Hashtag: FTC Revises Guidelines for Endorsement Use in Advertising



The FTC recently made changes to its guide concerning the use of endorsements and testimonials in advertising. Scott Hervey and Jessica Marlow discuss these changes and their expected impact on the influencer marketing industry in this episode of The Briefing. 

Watch this episode on the Weintraub YouTube channel here.

 

Continue reading Beyond the Hashtag: FTC Revises Guidelines for Endorsement Use in Advertising