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Clearing titles for creative projects has become more challenging after the Supreme Court’s decision in Jack Daniels v. VIP Products. In this episode of The Briefing, Scott Hervey and Tara Sattler explore the evolution of the Rogers test and the new hurdles studios face in title selection.
Continue reading Bad Spirits – How a Dog Toy Changed TV Title Clearance
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For more than half a century, Marvel Comics and DC Comics have jointly owned the trademark ‘Superhero.’ However, the Trademark Trial and Appeal Board recently granted a petition to cancel that mark because it became generic. Scott Hervey and James Kachmar discuss this case and how marks become generic on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel.
Continue reading The Fall of SUPER HERO: When Trademarks Become Generic
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California recently passed two new AI laws that aim to protect individuals from the unauthorized creation of digital replicas. Scott Hervey and James Kachmar discuss these laws and their implications for the media industry on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Continue reading New California Laws for Digital Replicas Both Live and Dead
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Continue reading Trump Train Derailed In “Electric Avenue” Copyright Lawsuit
Donald Trump is facing another lawsuit from a musician who objects to the use of their music at campaign events and rallies. Scott Hervey and Jamie Lincenberg discuss this latest challenge on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel.
Cases Discussed:
Continue reading Trump Train Derailed In “Electric Avenue” Copyright Lawsuit
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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.
Continue reading “Hold On” You Can’t Use That Music in Your Presidential Campaign
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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.
Continue reading Fake Reviews, Real Consequences: Consumer Review Dos and Don’ts
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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:
Watch this episode on the Weintraub YouTube channel here.
Continue reading Punchbowl News’ Trademark Win Despite Rogers Setback
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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.
Continue reading Does This Court’s Ruling Put an End to Tattoo Copyright Cases?
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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.
Continue reading Late Night, Early Dismissal: The Santos-Kimmel Copyright Case
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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.
Continue reading Thirsty for Clarity – Brand Confusion In The Beverage Category