Podcast: Play in new window | Download
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.
Watch this episode on the Weintraub YouTube channel.
Continue reading Navigating the Legal Risks for Brands in Social Media Marketing – Part 1 (Archive)
Podcast: Play in new window | Download
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
Podcast: Play in new window | Download
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.
Watch this episode on the Weintraub YouTube channel.
Cases discussed:
Continue reading The Briefing: Based on a (NOT) True Story – The Baby Reindeer Defamation Case
Podcast: Play in new window | Download
Graffiti 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.
Continue reading Tag, You’re Sued: Graffiti Artists Sue Over Use of Their Tags
Podcast: Play in new window | Download
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.
Continue reading Brandy Melville v Redbubble: Navigating Contributory Infringement
Podcast: Play in new window | Download
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.
Continue reading Ninth Circuit Pulls Back Rogers Test in Light of Jack Daniels Decision
Podcast: Play in new window | Download
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.
Continue reading IP Rights and the “Public Good” Exemption to California’s Anti-SLAPP Law: An Update
Podcast: Play in new window | Download
The creator of a LEGO brick Second Holy Temple product is accusing another LEGO creator of copyright infringement for their interpretation of the same temple. Scott Hervey and Eric Caligiuri discuss this case on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel here or read Eric’s article about this case here.
Continue reading Are LEGO Creations Based on Religious Texts Eligible for Copyright Protection?