Tag Archives: LegalPodcast

When Consent Isn’t Enough – The TTAB’s Decision in In re Ye Mystic Krewe of Gasparilla



A consent agreement can be a powerful tool to overcome a USPTO likelihood-of-confusion refusal—but only if it’s done right. In this episode of The Briefing, Weintraub Tobin attorneys Scott Hervey and Richard Buckley discuss the TTAB’s precedential decision in In re Ye Mystic Krewe of Gasparilla, where the Board rejected a one-page consent agreement as a “naked consent” insufficient to overcome a Section 2(d) refusal. Continue reading When Consent Isn’t Enough – The TTAB’s Decision in In re Ye Mystic Krewe of Gasparilla

Protecting Fictional Characters: Copyright and Trademark Strategies



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


The Nirvana Baby Lawsuit – A Win for Nirvana



A federal court has granted summary judgment for Nirvana, dismissing Spencer Elden’s claim that the Nevermind album cover — depicting him as a baby — constituted child pornography. In this episode of The Briefing, Scott Hervey and James Kachmar revisit their earlier coverage of the Ninth Circuit’s decision and unpack how the district court’s final ruling turned on artistic intent and context rather than perception.

Continue reading The Nirvana Baby Lawsuit – A Win for Nirvana