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How far back can a plaintiff recover damages in a copyright infringement case? Scott Hervey and Jamie Lincenberg discuss this contested copyright law question in this installment of “The Briefing” by Weintraub Tobin.
Watch this episode on the Weintraub YouTube channel here.
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Delve into the new WGA and SAG contract provisions relating to AI. Scott Hervey and Jamie Lincenberg tackle the terms and changes in this installment of “The Briefing” by Weintraub Tobin.
Watch this episode on the Weintraub YouTube channel here.
Continue reading Writers, Actors, AI: The AI Centric Changes to the WGA and SAG Agreements
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Graffiti artists Nekst and Bates have filed a lawsuit against Guess and Macy’s for incorporating their tags in various articles of clothing. Scott Hervey and James Kachmar discuss this case in the next installment of “The Briefing.”
Watch this episode on the Weintraub YouTube channel here.
Continue reading Tag, You’re Sued: Graffiti Artists Sue Over Use of Their Tags
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As 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.
Continue reading Nirvana Stuck in Lawsuit Over “Nevermind” Album Cover
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Brandy Melville has asked the Supreme Court to review the 9th Circuit’s decision in its dispute with Redbubble. 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 Brandy Melville v Redbubble: Navigating Contributory Infringement
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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.
Continue reading Ninth Circuit Pulls Back Rogers Test in Light of Jack Daniels Decision
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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!
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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
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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 archive episode of The Briefing.
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Continue reading The Protectability of Short Phrases (Archive)
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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.
Continue reading IP Rights and the “Public Good” Exemption to California’s Anti-SLAPP Law: An Update