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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
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. 
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
Delve into the new WGA and SAG contract provisions relating to AI.
Graffiti artists Nekst and Bates have filed a lawsuit against Guess and Macy’s for incorporating their tags in various articles of clothing. 
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Brandy Melville has asked the Supreme Court to review the 9th Circuit’s decision in its dispute with Redbubble. 
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Fruity Pebbles failed to attain a trademark for the various colors of its cereal. 
The FTC recently made changes to its guide concerning the use of endorsements and testimonials in advertising.