Tag Archives: Intellectual Property

Influencer Fail – ALO Yoga & Influencers Named in $150M Class Action Lawsuit for FTC Violations



A class action lawsuit has been filed against ALO Yoga and several influencers for failing to disclose that various social media campaigns were actually paid ads. Weintraub attorneys Scott Hervey and Tara Sattler break down this lawsuit and what brands should do to avoid costly FTC violations like this in the future.

Watch this episode on the Weintraub YouTube channel.

Scott previously discussed the risks of social media marketing and FTC compliance in a two-part series with IP attorney Jessica Marlow. Tune in to episode one and episode two now.


No CTRL-ALT-DEL For the Server Test



On this episode of The Briefing, Scott Hervey and James Kachmar break down the Supreme Court’s decision to pass on the McGuckin v. Valnet case—and how it keeps the legal confusion swirling around the “server test” for embedding online content. With courts on opposite coasts taking different stances, what does this mean for publishers, bloggers, and social media managers? They talk about the risks, what you can do to stay safe, and why your location might matter more than you think.

Watch this episode on the Weintraub YouTube channel.

Continue reading No CTRL-ALT-DEL For the Server Test


Trademark Mayhem – Lady Gaga Gets Sued for Trademark Infringement



Lady Gaga’s “Mayhem” tour has sparked legal trouble. In this episode of The Briefing, Scott Hervey and James Kachmar analyze a trademark infringement lawsuit filed by surf brand, Lost International, which claims Gaga’s use of “Mayhem” on merchandise violates their long-standing rights. The discussion explores the strength of Lost’s trademark, the likelihood of consumer confusion, and key legal takeaways for brands navigating crowded trademark landscapes.

Watch this episode on the Weintraub YouTube channel.

Continue reading Trademark Mayhem – Lady Gaga Gets Sued for Trademark Infringement


The Future of TV? A 2025 Digital Media Trends Analysis



Is traditional Hollywood facing an existential crisis? Deloitte’s 2025 Digital Media Trends report reveals a massive shift in how Gen Z and millennials consume content. Scott Hervey and Tara Sattler break down the data and explore what this means for studios, creators, and the future of storytelling on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel.

Continue reading The Future of TV? A 2025 Digital Media Trends Analysis


Diana Copeland – “Surviving R. Kelly” But Not Netflix’s Motion to Dismiss



In this installment of The Briefing, Scott Hervey & Jessica Corpuz cover the landmark defamation case Copeland v. Netflix—dissecting the high bar for public figures to prove defamation and the critical concept of “actual malice.” From the Surviving R. Kelly documentary to First Amendment protections, they unpack the legal complexities surrounding public figures and media reporting.

Watch this episode on the Weintraub YouTube channel here.

Continue reading Diana Copeland – “Surviving R. Kelly” But Not Netflix’s Motion to Dismiss


Court Drowns Pepperdine’s ‘Waves’ Trademark Battle Against Netflix



On the latest episode of The Briefing, Weintraub attorneys Scott Hervey and Jessica Corpuz break down the court’s decision in Pepperdine’s trademark fight with Netflix over the name “Waves” in the new series Running Point. Tune in for insights on this case and how the Jack Daniel’s ruling is reshaping trademark law in entertainment.

Continue reading Court Drowns Pepperdine’s ‘Waves’ Trademark Battle Against Netflix


The Briefing: The Stanley Cup Clash – A Trademark Battle



The Briefing The Stanley Cup Clash - A Trademark BattleDid you know the popular Stanley Travel Cup is tied to Stanley Black & Decker? A lawsuit is brewing over trademark rights and branding disputes. Is PMI overstepping, or is Stanley Black & Decker overreaching?  Weintraub Tobin attorneys Scott Hervey and Tara Sattler discuss the legal battle over the iconic cup on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

Continue reading The Briefing: The Stanley Cup Clash – A Trademark Battle


The Briefing: Westlaw v. Ross AI – Is This The End of AI Training or The Future of AI Training



West Law v. Ross AIMajor AI copyright ruling – The Delaware District Court’s decision in Thomson Reuters v. Ross AI could have huge implications for AI training and copyright law. On this episode of The Briefing, Weintraub attorneys Scott Hervey and Andy Tan break down the case, its impact on the AI industry, and what it means for content creators.

Watch this episode on the Weintraub YouTube channel here.

Continue reading The Briefing: Westlaw v. Ross AI – Is This The End of AI Training or The Future of AI Training


Federal District Court Adopts Problematic “Vibe Copyright” Protection in Influencer Fight



In the case of Sydney Nicole vs. Alyssa Sheil, a federal district judge ruled that certain vibes and aesthetics can be protected under copyright law. Weintraub attorneys Scott Hervey and Tara Sattler break down this decision and what it means for content creators and brands in the digital age on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

Continue reading Federal District Court Adopts Problematic “Vibe Copyright” Protection in Influencer Fight


Bad Spaniels: Infringement? No. Dilution? Yes



On this episode of The Briefing, Scott Hervey and Tara Sattler dive into the landmark Jack Daniels v. VIP Products case that changed trademark law. They break down the Supreme Court’s ruling on trademark infringement vs. dilution and explore how a dog toy parody nearly tarnished Jack Daniels’ brand.

Watch this episode on the Weintraub YouTube channel.

 

Continue reading Bad Spaniels: Infringement? No. Dilution? Yes