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When artistic identity meets corporate branding, where does copyright law draw the line?Continue reading Tyrrell Winston v. NBA: When Artistic Style Becomes Copyright
Podcast: Play in new window | Download
When artistic identity meets corporate branding, where does copyright law draw the line?Continue reading Tyrrell Winston v. NBA: When Artistic Style Becomes Copyright
Podcast: Play in new window | Download
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 Podcast: Play in new window | Download
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.Continue reading Protecting Fictional Characters: Copyright and Trademark Strategies
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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