Tag Archives: Intellectual Property

How to Avoid Bearing The Risks of A Naked License

Trademark Law, , , ,

In 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 episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

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A Prototypical Corporate Salesperson is Not Patentable

Patent Law, , , ,

The Federal Circuit Court of Appeals invalidated seven patents owned by an AI technology company after applying the two-step Alice test. Scott Hervey and Audrey Millemann talk about this decision on this episode of The Briefing.

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Deepfakes vs Right of Publicity: Navigating the Intersection Between Free Speech and Protected Rights

Entertainment IP, ,

The rise of deepfakes is a growing concern within the entertainment industry. Scott Hervey and Jamie Lincenberg discuss this and the intersection between free speech and protected rights on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

 

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Shedding Light on ‘Willful Blindness’: Brandy Melville v Redbubble

Trademark Law, , ,

In the case of Brandy Melville v Redbubble, a three judge appellate panel explored whether an owner of an online market place is liable for contributory trademark infringement. Scott Hervey and Jamie Lincenberg discuss this on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

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Zillow Loses Second Round of Copyright Fight

Copyright Law, , ,

The Ninth Circuit recently issued an opinion affirming that Zillow infringed thousands of copyrights owned by a real estate photography studio. Scott Hervey and James Kachmar discuss this case on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel, here.

 

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Is Warhol Bad for Documentarians?

Entertainment IP, IP Litigation, , ,

There is some concern that the Supreme Court’s decision in Andy Warhol Foundation v. Goldsmith will harm the documentary filmmaking community. Scott Hervey and Tara Sattler discuss the implications of this case on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

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The Supreme Court Limits the Reach of The Lanham Act

IP Litigation, Trademark Law, , , ,

The U.S. Supreme Court recently decided that trademark infringement claims under the Lanham Act only apply if the infringing “use in commerce” occurs in the United States. Scott Hervey and Tara Sattler talk about this case on this installment of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

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Netflix Settles Defamation Dispute with Docu Film Subjects

Entertainment IP, ,

The subjects of a documentary have dropped their long-standing defamation lawsuit against Netflix and producers. Scott Hervey and Jamie Lincenberg talk about this case on this episode of The Briefing by the IP Law Blog.

Watch this episode on the Weintraub YouTube channel here.

 

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Bad Spaniels in the Doghouse – Jack Daniels Prevails in Trademark Fight

Manufacturing IP, Trademark Law, , ,

The U.S. Supreme Court provided clarification on the application of the Rogers test in relation to Jack Daniels v. VIP Products. Scott Hervey and Jamie Lincenberg talk about this ruling on this episode of The Briefing by the IP Law Blog.

Watch this episode on the Weintraub YouTube channel here.

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AI Generated Fake Drake Song – Legit or Lawsuit?

Copyright Law, Entertainment IP, , , ,

The Universal Music Group is accusing a TikTok creator of copyright infringement after they published an AI-Generated song that was made to sound like a Drake and Weeknd collaboration. Scott Hervey and Josh Escovedo discuss this dispute in this episode of The Briefing by the IP Law Blog.

Watch this episode on the Weintraub YouTube channel here.

Cases Discussed:

  • Middler v. Ford
  • Astley v. Matthew Hauri, pka Yung Gravy

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