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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
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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 featured episode of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Continue reading How to Avoid Bearing The Risks of A Naked License (Featured)
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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.
Continue reading Authors Get Mixed Results with Initial Skirmish in OpenAI Lawsuit
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Delve 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.
Continue reading Writers, Actors, AI: The AI Centric Changes to the WGA and SAG Agreements
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Graffiti 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.
Continue reading Tag, You’re Sued: Graffiti Artists Sue Over Use of Their Tags
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As James Kachmar previously wrote on the IP Law Blog, the man who was photographed as a naked baby in 1991 for Nirvana’s iconic “Nevermind” album cover is now suing the band for distributing child pornography. Scott Hervey and James discuss the Ninth Circuit’s opinion on the case in this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Continue reading Nirvana Stuck in Lawsuit Over “Nevermind” Album Cover
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Brandy Melville has asked the Supreme Court to review the 9th Circuit’s decision in its dispute with Redbubble. Scott Hervey and Jamie Lincenberg discuss this case on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Continue reading Brandy Melville v Redbubble: Navigating Contributory Infringement
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As Scott Hervey previously wrote on the IP Law Blog, the holding in the Supreme Court case Jack Daniels Properties v. VIP Products limits the applicability of the Rogers test. Scott and Jamie Lincenberg talk about this case on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Continue reading Ninth Circuit Pulls Back Rogers Test in Light of Jack Daniels Decision
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Fruity Pebbles failed to attain a trademark for the various colors of its cereal. Scott Hervey and Jessica Marlow discuss the TTAB’s decision to reject the trademark application on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Continue reading It’s Not Yabba-Dabba-Delicious – TTAB Denies Color Mark for Post Fruity Pebbles!