Tag Archives: Intellectual Property

“Hold On” You Can’t Use That Music in Your Presidential Campaign



The estate of the late singer and songwriter Isaac Hayes sued former President Donald Trump for using one of his songs at campaign events and rallies. Scott Hervey and Tara Sattler discuss this case in this installment of The Briefing.

Watch this episode on the Weintraub YouTube channel.

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Fake Reviews, Real Consequences: Consumer Review Dos and Don’ts



The FTC recently announced a new rule to combat fake consumer reviews and testimonials. Scott Hervey and Jessica Marlow explain how this decision will impact businesses and the influencer marketing industry in this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel.

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Punchbowl News’ Trademark Win Despite Rogers Setback



Punchbowl News won the trademark infringement lawsuit filed by greeting card and event planning company, Punch Bowl Inc., despite a previous setback at the Ninth Circuit. Scott Hervey and Jamie Lincenberg discuss this recent development in this installment of The Briefing.

 

 

Cases Discussed:

  • Rogers V. Grimaldi
  • Jack Daniels Properties Inc. Versus VIP products
  • Punchbowl, Inc. V. Aj Press, Llc

Watch this episode on the Weintraub YouTube channel here.

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Does This Court’s Ruling Put an End to Tattoo Copyright Cases?



The US District Court for the Northern District of Ohio issued an opinion in Hayden V. 2K Games, Inc. that could potentially put an end to tattoo copyright cases. Scott Hervey and Tara Sattler discuss the court’s opinion on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

 

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Late Night, Early Dismissal: The Santos-Kimmel Copyright Case



A New York Judge dismissed former Rep. George Santos’ lawsuit against Jimmy Kimmel Live over the late-night host’s use of personalized Cameo videos in one of his segments. Scott Hervey and Tara Sattler discuss this decision on this installment of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

 

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Thirsty for Clarity – Brand Confusion In The Beverage Category



The Trademark Trial and Appeal Board often consider wine, beer, and non-alcoholic beverages related when determining the likelihood of confusion despite there being no per se rule on the matter. Scott Hervey and Jamie Lincenberg discuss the TTAB’s long-standing opinion on this episode of The Briefing.

Read Scott’s article on the IP Law Blog. Watch this episode on the Weintraub YouTube channel here.

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How to Avoid Bearing The Risks of A Naked License (Featured)



How to Avoid Bearing The Risks of A Naked LicenseIn Blue Mountain Holdings v. Bliss Nutraceuticals, the 11th Circuit upheld a U.S. District Court finding that Lighthouse Enterprises issued a naked license to Blue Mountain, which covered the trademark in question. Scott Hervey and Eric Caligiuri discuss this case and how to avoid bearing the risks of a naked license in this featured episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

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Authors Get Mixed Results with Initial Skirmish in OpenAI Lawsuit



Authors Get Mixed Results with Initial Skirmish in OpenAI Lawsuit (1)Delve into the complexities of vicarious infringement and DMCA violations in AI training. Scott Hervey and James Kachmar from Weintraub Tobin dissect the recent district court ruling on OpenAI’s copyright infringement allegations on this installment of “The Briefing.” Watch this episode on the

Weintraub YouTube channel here or listen to this podcast episode here.

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Writers, Actors, AI: The AI Centric Changes to the WGA and SAG Agreements



Writers, Actors, AI The AI Centric Changes to the WGA and SAG AgreementsDelve 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.

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Tag, You’re Sued: Graffiti Artists Sue Over Use of Their Tags



Tag, You're Sued: Graffiti Artists Sue Over Use of Their TagsGraffiti 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.

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