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While influencer marketing has become popular in the creator space, it doesn’t come without risks. From IP infringement to FTC compliance, Scott Hervey and Jessica Marlow discuss the key issues surrounding brand endorsement deals in this archive two-part episode of The Briefing.
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Continue reading Navigating the Legal Risks for Brands in Social Media Marketing – Part 1 (Archive)
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Get into the holiday spirit with a look at some of the most unique Christmas patents ever filed. From Santa detectors to upside-down Christmas trees, Scott Hervey and Jamie Lincenberg explore festive inventions that add a little extra cheer to the season on this episode of The Briefing.
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Continue reading A Very Patented Christmas: The Quirkiest Inventions for the Holiday Season
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Can an influencer sue another for having a similar aesthetic? Scott Hervey and Jessica Marlow dive into a Texas case that could reshape creator marketing on this episode of The Briefing.
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Continue reading Is This Just A Copycat Influencer Case or Something More Problematic?
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Oakland’s attempt to rename its airport didn’t take off. On this episode of The Briefing, Scott Hervey and Jamie Lincenberg discuss the trademark dispute between San Francisco and Oakland over airport naming rights.
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Continue reading Trademark Turbulence – Oakland vs SFO in Trademark Showdown
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This Thanksgiving, we’re diving into the world of intellectual property and recipes. Can chefs own their culinary creations? Can a recipe be copyrighted? From Turducken trademarks to creative cookbooks, we’re discussing the legal side of your favorite holiday dishes. Tune in to The Briefing’s milestone 200th episode with Scott Hervey and Tara Sattler for all the tasty legal details.
Watch this episode on the Weintraub YouTube channel here.
Continue reading Turkey, Trademarks, Copyright, and Cranberry Sauce – IP and Recipes
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Did Netflix push the boundaries of “based on a true story”? Scott Hervey and Jamie Lincenberg discuss Harvey v. Netflix, the risks of docudramas, and explain how truth and fiction collide in this high-stakes lawsuit on this episode of The Briefing.
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Cases discussed:
Continue reading The Briefing: Based on a (NOT) True Story – The Baby Reindeer Defamation Case
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The 90s hip-hop group 2 Live Crew won big in their copyright case against Lil’ Joe Records. Scott Hervey and Jamie Lincenberg break down termination rights, bankruptcy, and what it means for artists reclaiming their work on this episode of The Briefing.
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Continue reading Millions at Stake: How 2 Live Crew Beat Bankruptcy to Reclaim Their Music
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Clearing titles for creative projects has become more challenging after the Supreme Court’s decision in Jack Daniels v. VIP Products. In this episode of The Briefing, Scott Hervey and Tara Sattler explore the evolution of the Rogers test and the new hurdles studios face in title selection.
Continue reading Bad Spirits – How a Dog Toy Changed TV Title Clearance
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Halloween is here, but beware! That killer costume might come with a lawsuit instead of candy. Scott Hervey and Tara Sattler discuss the legal threats associated with unlicensed costumes on this spooky episode of The Briefing.
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Continue reading The Dark Side of Halloween – Unlicensed Costumes and the Legal Haunt
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For more than half a century, Marvel Comics and DC Comics have jointly owned the trademark ‘Superhero.’ However, the Trademark Trial and Appeal Board recently granted a petition to cancel that mark because it became generic. Scott Hervey and James Kachmar discuss this case and how marks become generic on this episode of The Briefing.
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Continue reading The Fall of SUPER HERO: When Trademarks Become Generic