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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.
Watch this episode on the Weintraub YouTube channel here.
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
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Country singer Andy Stone, A.K.A Vince Vance, has renewed his lawsuit against Mariah Carey, which claims that her holiday hit ‘All I Want for Christmas Is You’ infringes the copyright of his song with the same name. Scott Hervey and Tara Sattler discuss this case on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Continue reading Merry Litigation: All I Want for Christmas is a Copyright Infringement Lawsuit
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Mariah Carey has widely been referred to by fans as the ‘Queen of Christmas,’ but when she attempted to trademark the title last year, it was met with pushback from another singer and songwriter who claimed to hold the same title. Scott Hervey and Tara Sattler discuss this dispute on this Holiday edition of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Continue reading Jingle Brawl: The Battle for ‘Queen of Christmas’
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Netflix has been ordered to pay GoTV Streaming $2.5 Million in damages for infringing one of its wireless technology patents. Scott Hervey and Eric Caligiuri discuss this update on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Continue reading Netflix to Pay $2.5M to GoTV for Patent Infringement