Tag Archives: intellectual property litigation

9th Circuit Agrees with Woz – No Promise to Pay, No Desny Claim



The recent Reilly v. Wozniak 9th Circuit decision upheld a 1950s ruling that requires a promise to pay to be present for an implied contract to exist. Scott Hervey and Josh Escovedo discuss this case and how the Desny decision applies to idea theft cases in California in this episode of The Briefing by the IP Law Blog.

Watch this episode on the Weintraub YouTube channel here.

Continue reading 9th Circuit Agrees with Woz – No Promise to Pay, No Desny Claim


Dr. Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part Two, Trademark)



In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Ninth Circuit ruling on the trademark aspects of Dr. Seuss “mashups.”

Watch the video version of this episode on the Weintraub YouTube channel here.

Listen to part one of this topic here.

Watch the video version of part one here.

Continue reading Dr. Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part Two, Trademark)


Dr. Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part One, Copyright)



In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Ninth Circuit ruling on the copyright aspects of Dr. Seuss “Mashups.”

Watch the video of this episode on the Weintraub YouTube channel here.

Listen to part two of this topic here.

Watch part two of this topic here.

Cases discussed:

  • Dr. Seuss Enterprises v. Penguin Books USA
  • Dr. Seuss Enterprises v. Comic Mix LLC