Tag Archives: IP Law

Tag, You’re Sued: Graffiti Artists Sue Over Use of Their Tags



Tag, You're Sued: Graffiti Artists Sue Over Use of Their TagsGraffiti 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.

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Nirvana Stuck in Lawsuit Over “Nevermind” Album Cover



Nirvana Stuck in Lawsuit Over Nevermind Album CoverAs 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.

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Brandy Melville v Redbubble: Navigating Contributory Infringement



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.

 

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Ninth Circuit Pulls Back Rogers Test in Light of Jack Daniels Decision



Ninth Circuit Pulls Back Rogers Test in Light of Jack Daniels Decision 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.

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It’s Not Yabba-Dabba-Delicious – TTAB Denies Color Mark for Post Fruity Pebbles!



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.

 

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Beyond the Hashtag: FTC Revises Guidelines for Endorsement Use in Advertising



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.

 

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The Protectability of Short Phrases (Archive)



The Protectability of Short Phrases (Archive) 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.

 

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IP Rights and the “Public Good” Exemption to California’s Anti-SLAPP Law: An Update



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.

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Merry Litigation: All I Want for Christmas is a Copyright Infringement Lawsuit



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.

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Jingle Brawl: The Battle for ‘Queen of Christmas’



Mariah Carey has widely been referred to by fans as the ‘Queen of Christmas,’ but when she attempted to trademark the title last year, it was met with pushback from another singer and songwriter who claimed to hold the same title. Scott Hervey and Tara Sattler discuss this dispute on this Holiday edition of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

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