Tag Archives: intellectualproperty

Turkey, Trademarks, and Thanksgiving Branding – IP Protection for Recipes and Holiday Traditions

Copyright Law, IP Litigation, Trademark Law, , , , , , , , , , , , ,

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Who really owns your Thanksgiving traditions? In this special holiday edition of The Briefing, Weintraub Tobin partners Scott Hervey and Richard Buckley discuss how intellectual property law intersects with holiday food, recipes, and branding. Continue reading Turkey, Trademarks, and Thanksgiving Branding – IP Protection for Recipes and Holiday Traditions →

Tyrrell Winston v. NBA: When Artistic Style Becomes Copyright

Entertainment IP, Sports IP, Trademark Law, , , , , , , , , , , ,

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When artistic identity meets corporate branding, where does copyright law draw the line?
 
In a new episode of The Briefing, Scott Hervey and Richard Buckley discuss the lawsuit filed by artist Tyrrell Winston against the New Orleans Pelicans.
Winston—whose distinctive sculptures of deflated basketballs arranged in grids have been exhibited worldwide and licensed by brands like Nike, Adidas, and even NBA teams—claims the Pelicans copied his signature style in a social media campaign.

Continue reading Tyrrell Winston v. NBA: When Artistic Style Becomes Copyright →

Protecting Fictional Characters: Copyright and Trademark Strategies

Copyright Law, Entertainment IP, , , , , , , , , , , , , , , ,

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Can a car, a superhero, or even a cartoon sidekick be protected by copyright? In this episode of The Briefing, Scott Hervey and Matt Sugarman break down how fictional characters earn legal protection — and when they don’t.
 
From DC Comics v. Towle (the “Batmobile” case) to Carroll Shelby Licensing v. Halicki (the “Eleanor” case), Scott and Matt explore the three-part test for character copyrightability, how trademark rights can extend protection, and what creators and studios can do to safeguard their most valuable IP assets.

Continue reading Protecting Fictional Characters: Copyright and Trademark Strategies →

George Santos vs. Jimmy Kimmel: Why the 2nd Circuit Sided with Comedy

Copyright Law, Entertainment IP, , , , , , , , , , , ,

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Former Congressman George Santos sued Jimmy Kimmel after the late-night host used Cameo videos in a comedy segment called “Will Santos Say It?” Santos claimed copyright infringement and fraud, but both the District Court and the Second Circuit said Kimmel’s use was fair use. In this episode of The Briefing, Scott Hervey and Tara Sattler break down:
 
● How Kimmel obtained the videos using fake Cameo accounts
 
● Why the District Court dismissed Santos’s case
 
● How the Second Circuit reinforced that criticism and satire are protected under fair use
 
● Why Santos’s contract and fraud claims also failed
Watch this episode on YouTube.