Tag Archives: Scott Hervey

The Sneakerhead Breakup of the Century – Yeezy and Adidas

Copyright Law, Entertainment IP, Trademark Law, , , , , , , , ,

Adidas, which manufactures and sells the wildly popular “Yeezy” line of shoes in partnership with rapper Kanye West, recently terminated the relationship after anti-Semitic statements by the star. In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the trademark and contract issues that Adidas is navigating with shoe designs and future related designs.

Watch the video here.

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Titania v. She-Hulk: Trademark Infringement in the Marvel Universe

Trademark Law, , ,

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a recent episode of Marvel’s “She-Hulk: Attorney at Law” and the accuracy of a trademark infringement case featured on the show.

Watch this video here.

Continue reading Titania v. She-Hulk: Trademark Infringement in the Marvel Universe →

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Dr. Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part Two, Trademark)

Entertainment IP, IP Litigation, Trademark Law, , , , , , , , , , , , , ,

In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Ninth Circuit ruling on the trademark aspects of Dr. Seuss “mashups.”

Watch the video version of this episode on the Weintraub YouTube channel here.

Listen to part one of this topic here.

Watch the video version of part one here.

Continue reading Dr. Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part Two, Trademark) →

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Dr. Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part One, Copyright)

Copyright Law, Entertainment IP, IP Litigation, , , , , , , , , , , , , ,

In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Ninth Circuit ruling on the copyright aspects of Dr. Seuss “Mashups.”

Watch the video of this episode on the Weintraub YouTube channel here.

Listen to part two of this topic here.

Watch part two of this topic here.

Cases discussed:

  • Dr. Seuss Enterprises v. Penguin Books USA
  • Dr. Seuss Enterprises v. Comic Mix LLC

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Don’t Film So Close to Me: Can Copyrighted Music Keep Vids of Police Encounters Off The Internet?

Copyright Law, Entertainment IP, , , , , , , , , , , , ,

In this week’s episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss recent news stories reporting that police officers played copyrighted music during filmed encounters, ostensibly to keep the videos from being uploaded to the Internet. Scott and Josh discuss how copyright law, the DMCA, and fair use apply to this tactic.

Watch the video of this episode on the Weintraub YouTube channel, here.

Scott’s article on this topic on the IP Law Blog can be read here.

Case discussed: Lenz v. Universal Music Group

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Bonus Olympic Episode: IOC Gets Gold in Trademark Enforcement

Sports IP, Trademark Law, , , , , , , , , ,

In this bonus episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the stringent trademark enforcement protection for Olympic symbols, words, and phrases as well as recent lawsuits that have reinforced that protection.

Watch the video version of this episode on Weintraub’s YouTube channel, here.

Lawsuits discussed:
San Francisco Arts & Athletics, Inc. v United States Olympic Committee
USOPC v Puma

 

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Space Erotica Flick Not Infringed by Black Mirror

Copyright Law, Entertainment IP, IP Litigation, , , , , , , ,

This week on the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the copyright lawsuit over a Black Mirror episode starring Miley Cyrus, the plot of which filmmaker Geoffrey Blair Hajim said was lifted from his film Strange Frame: Love and Sax.

Watch the episode on the Weintraub YouTube channel, here.

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Nike Threatens Fire & Brimstone Over Satanic Custom Shoe Makers

Manufacturing IP, Sports IP, Trademark Law, , , , , , , ,

In this week’s episode of The Briefing by The IP Law Blog, attorneys Scott Hervey and Josh Escovedo discuss the trademark litigation between Nike and a custom shoe maker, MSCHF (pronounced “Mischief”). In Nike Inc. v MSCHF Product Studio, Inc. Nike sued MSCHF over unauthorized versions of the Nike Air Max 97 featuring satanic imagery. The shoes were tied into marketing by Rapper Lil Nas X, and all 666 pairs created by MSCHF were sold.

View the video recording of this episode on the Weintraub Tobin YouTube channel, here.

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Andy Warhol’s Prince Prints: Not Fair Use!? (Part Two)

Copyright Law, Entertainment IP, IP Litigation, , , , , ,

In this week’s episode, attorneys Josh Escovedo and Scott Hervey discuss an update to the litigation over Andy Warhol’s series of portraits of the artist Prince (Andy Warhol Foundation v Goldsmith). They provide a recap of last week’s episode, which covers the Second Circuit decision in favor of Goldsmith, the photographer whose image Warhol used to create the Prince Portraits, and the holding that Warhol’s renditions were not transformative enough to be fair use. That decision overturned a lower court decision in favor of the Warhol Foundation.

This week, Scott and Josh discuss the possible impact of the Supreme Court fair use decision in Google LLC v Oracle America, Inc., including the Andy Warhol Foundation’s petition to the Second Circuit for review of the Goldsmith decision.

Watch the video version of this episode on the  Weintraub YouTube channel, here.

Listen to part one of this topic, here.

Watch part one of this topic, here.

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Andy Warhol’s Prince Prints: Not Fair Use!? (Part One)

Copyright Law, Entertainment IP, IP Litigation, , , , ,

In this week’s episode, attorneys Josh Escovedo and Scott Hervey discuss the litigation over Andy Warhol’s series of portraits of the artist Prince (Andy Warhol Foundation v Goldsmith). Their discussion covers the Second Circuit decision in favor of Goldsmith, the photographer whose image Warhol used to create the Prince Portraits, and the holding that Warhol’s renditions were not transformative enough to be fair use. The decision overturned a lower court decision in favor of the Warhol Foundation.

Production Note: This episode includes a discussion of the high-profile litigation between the artist Shepard Fairey and the Associated Press over Fairey’s iconic “Hope” poster of then-presidential candidate Barack Obama. Throughout the episode, Scott and Josh mispronounce Fairey’s last name as “Farley.” They offer apologies to listeners and to the artist.

Watch a video version of this episode on the Weintraub YouTube channel, here.

Listen to part two of this topic here.

Watch part two of this topic here.

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