Tag Archives: IP Law

Is the Server Test Ready for a Reboot?



Erodingblue power button for computerIn this episode of The Briefing by the IP Law Blog, Weintraub attorneys Scott Hervey and Josh Escovedo discuss the impact of Alexis Hunley, et al v. Instagram, LLC on copyright law, specifically on the Server Test. Considered one of the top copyright cases to watch, Hunley deals with the practice of “embedding” and its copyright implications.

Watch the video of this episode on Vimeo.

Read Scott’s blog post about this case on The IP Law Blog.


Seattle Space Needle Pokes at Local Coffee Shop’s Logo



Seattle Space Needle Pokes at Local Coffee Shop's LogoIn this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss a trademark infringement dispute between the Seattle Space Needle and a local coffee shop over the cafe’s use of the Space needle’s image in its logo.

Watch this episode on JD Supra here.


What Makes a Character Protectable Under Copyright



What Makes a Character Protectable Under CopyrightIn this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright dispute between Carroll Shelby Licensing and the widow of the late filmmaker H. B. Halicki regarding copyright protection granted to Eleanor, a car featured in the 1974 film “Gone in 60 Seconds.”


2nd Circuit to Determine if Rogers Test Fits Shoe Trade Dress Dispute Between MISCHF and Vans



2nd Circuit to Determine if Rogers Test Fits Shoe Trade Dress Dispute Between MISCHF and VansIn this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a dispute between Vans and MSCHF, over MSCHF’s new sneaker line that contains “striking visual similarities” to Vans shoes and packaging.

Watch this episode on the Weintraub YouTube channel, here.


Update – Andy Warhol Foundation Urges Supreme Court to Reverse Fair Use Decision



Update - Andy Warhol Foundation Urges Supreme Court to Reverse Fair Use DecisionIn this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the copyright dispute between a photographer and the Andy Warhol Foundation over several Warhol paintings that utilize the photographer’s images as source material.

Watch this episode on the Weintraub YouTube channel, here.


Top Gun Maverick – Right Into The Copyright Lawsuit Zone



In this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss a copyright dispute, in which the heirs of the author who inspired the movie “Top Gun” claim that the film’s sequel infringes on their copyright to the story.

Watch this episode on the Weintraub YouTube channel, here.


What The Settlement of Ratajkowski/Paparazzi Copyright Lawsuit Means For Fair Use



What The Settlement of Ratajkowski.Paparazzi Copyright Lawsuit Means For Fair UseIn this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the copyright infringement dispute between a paparazzo and Emily Ratajkowski, and discuss the settlement’s implications for Fair Use.

Watch this episode on the Weintraub YouTube channel, here.


Judge Throws a Flag on the Play in USFL IP Litigation



Judge Throws a Flag on the Play in USFL IP LitigationIn this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo provide an update on the dispute between the original USFL and Fox, over the network’s attempt to revive the football league.

Watch this episode on the Weintraub YouTube channel, here.


The Supreme Court Grants Certiorari in Copyright Infringement Action Involving Warhol, Prince, and Goldsmith



The Supreme Court Grants Certiorari in Copyright Infringement Action Involving Warhol, Prince, and GoldsmithIn this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss a photographer’s copyright infringement action against the Andy Warhol Foundation, over several Warhol paintings that utilize the photographer’s images as source material.

Watch this episode on the Weintraub YouTube channel, here.


An Idea Doesn’t Have to be Novel to be Stolen (In California)



An Idea Doesn't Have to be Novel to be StolenIn this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss idea theft claims in California and whether the issue of novelty can be an element of the case.

Watch this episode on the Weintraub YouTube channel, here.