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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!
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The FTC recently made changes to its guide concerning the use of endorsements and testimonials in advertising. Scott Hervey and Jessica Marlow discuss these changes and their expected impact on the influencer marketing industry in this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Continue reading Beyond the Hashtag: FTC Revises Guidelines for Endorsement Use in Advertising
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While iconic catchphrases from TV and film can hold significant equity, protection of them can be spotty. Scott Hervey and Tara Sattler talk about the protectability of short phrases on this archive episode of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Continue reading The Protectability of Short Phrases (Archive)
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In the case of Martinez v. Zoom Info Technologies, the Ninth Circuit addressed the “Public Interest” exemption to California’s anti-SLAPP law. Scott Hervey and James Kachmar talk about this case on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Continue reading IP Rights and the “Public Good” Exemption to California’s Anti-SLAPP Law: An Update
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Country singer Andy Stone, A.K.A Vince Vance, has renewed his lawsuit against Mariah Carey, which claims that her holiday hit ‘All I Want for Christmas Is You’ infringes the copyright of his song with the same name. Scott Hervey and Tara Sattler discuss this case on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Continue reading Merry Litigation: All I Want for Christmas is a Copyright Infringement Lawsuit
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Netflix has been ordered to pay GoTV Streaming $2.5 Million in damages for infringing one of its wireless technology patents. Scott Hervey and Eric Caligiuri discuss this update on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Continue reading Netflix to Pay $2.5M to GoTV for Patent Infringement
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The Supreme Court rejected a trademark infringement claim against the producers of the Quentin Tarantino film ‘Once Upon a Time… in Hollywood’ over its portrayal of the late actor Christopher Jones. Scott Hervey and Tara Sattler discuss this decision in this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
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The creator of a LEGO brick Second Holy Temple product is accusing another LEGO creator of copyright infringement for their interpretation of the same temple. Scott Hervey and Eric Caligiuri discuss this case on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel here or read Eric’s article about this case here.
Continue reading Are LEGO Creations Based on Religious Texts Eligible for Copyright Protection?
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The Supreme Court recently heard oral arguments in the case of Vidal v. Elster to determine whether the USPTO’s refusal to register the trademark “Trump Too Small” violates the applicant’s First Amendment rights. Scott Hervey and Eric Caligiuri discuss this case on this installment of The Briefing.
Watch this episode on the Weintraub YouTube channel here.