Tag Archives: #entertainmentlaw

Protecting Fictional Characters: Copyright and Trademark Strategies



Can a car, a superhero, or even a cartoon sidekick be protected by copyright? In this episode of The Briefing, Scott Hervey and Matt Sugarman break down how fictional characters earn legal protection — and when they don’t.
 
From DC Comics v. Towle (the “Batmobile” case) to Carroll Shelby Licensing v. Halicki (the “Eleanor” case), Scott and Matt explore the three-part test for character copyrightability, how trademark rights can extend protection, and what creators and studios can do to safeguard their most valuable IP assets.

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The Nirvana Baby Lawsuit – A Win for Nirvana



A federal court has granted summary judgment for Nirvana, dismissing Spencer Elden’s claim that the Nevermind album cover — depicting him as a baby — constituted child pornography. In this episode of The Briefing, Scott Hervey and James Kachmar revisit their earlier coverage of the Ninth Circuit’s decision and unpack how the district court’s final ruling turned on artistic intent and context rather than perception.

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Court Says “No Way” To 50 Cent’s Battle Over Skill House



50 Cent’s two-minute cameo in the horror film “Skill House” turned into a full-blown legal battle over credits, contracts, and control. In this episode of The Briefing, Weintraub entertainment and IP attorneys Scott Hervey and Tara Sattler break down what went wrong—and what Hollywood can learn from it.
Watch this episode on YouTube.

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The Doctrine of Foreign Equivalents: What It Means for Your Brand



You came up with a clever brand name in a foreign language—great! But did you know it might be refused by the USPTO? In this episode of The Briefing, Scott Hervey and Richard Buckley break down what a doctrine is, how trademark examiners apply it, and other important considerations for choosing foreign-language marks.

Watch this episode on YouTube.

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Netflix Defamation Lawsuit About Inventing Anna – Not an Imposter



Netflix Defamation Lawsuit About Inventing Anna – Not an ImposterUpdate on Rachel Williams’ defamation lawsuit against Netflix’s “Inventing Anna.” Weintraub lawyers Scott Hervey and Jamie Lincenberg discuss the recent court ruling as a warning for docudrama producers on “The Briefing.” Get the full episode on the Weintraub YouTube channel here or listen to this podcast episode here.

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Navigating the Legal Risks for Brands in Social Media Marketing – Part 2



Safeguard your brand in the world of social media marketing, from IP infringement risks to FTC guidelines compliance.  Scott Hervey and Jessica Marlow from Weintraub Tobin continue the discussion on legal risks brands face in part 2 of our social media marketing series on “The Briefing.”

Make sure to catch Navigating the Legal Risks for Brands in Social Media Marketing – Part 1.

Watch this episode on the YouTube channel here Continue reading Navigating the Legal Risks for Brands in Social Media Marketing – Part 2

Safeguard your brand in the world of social media marketing, from IP infringement risks to FTC guidelines compliance.  Scott Hervey and Jessica Marlow from Weintraub Tobin continue the discussion on legal risks brands face in part 2 of our social media marketing series on “The Briefing.”

Make sure to catch Navigating the Legal Risks for Brands in Social Media Marketing – Part 1.

Watch this episode on the YouTube channel here Continue reading Navigating the Legal Risks for Brands in Social Media Marketing – Part 2


Navigating the Legal Risks for Brands in Social Media Marketing – Part 1



Navigating the Legal Risks for Brands in Social Media Marketing - Part 1 (1)Delve into the legal terrain of influencer marketing from IP infringement risks to FTC guidelines compliance. Scott Hervey and Jessica Marlow from Weintraub Tobin navigate the complexities of brand deals with expert insights on safeguarding your brand partnerships on this episode of “The Briefing.”

Watch this episode on the Weintraub YouTube channel here.

Continue reading Navigating the Legal Risks for Brands in Social Media Marketing – Part 1