Tag Archives: trademark law

Prince Estate Wants Winery’s ‘Purple Rain’ Trademark Back in the Bottle



In this week’s episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss a legal dispute between the Prince estate and an Ohio-based winery over the rights to the trademark “Purple Rain.”

Watch the full episode on the Weintraub YouTube channel, here.


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



Image of a light bulb with the words, The Briefing by the IP Law blog, followed by this episode's title. Dr Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal

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.

To listen to part-one of this two-part series, click here.

Cases discussed:

Dr. Seuss Enterprises v. Penguin Books USA

Dr. Seuss Enterprises v. Comic Mix LLC

Mattel Inc. v. MCA Records Inc.

VIP Products LLC v. Jack Daniels Properties Inc.


Nike Threatens Fire & Brimstone Over Satanic Custom Shoe Makers



Graphic that reads: The Briefing The Ip Law Blog Nike Threatens Fire & Brimstone Over Satanic Custom Shoe MakerIn 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.


What’s In a Name: Clearing Titles for Film and Television



Title Frame - The Briefing from the IP Law Blog. What's In a Name: Clearances for Film and TelevisionIn this week’s episode, attorneys Scott Hervey and Josh Escovedo discuss the process of clearing titles for Film and Television shows. They discuss recent high-stakes litigation around entertainment titles, including Stouffer v. National Geographic Partners LLC, Jon Astor-White v. Daniel Strong (Empire), and the “Honey Badger” case.

View the video on YouTube here:https://youtu.be/3w8Bcjb6__A

Here’s a link to a previous episode of The Briefing discussing the Empire litigation: https://www.theiplawblog.com/2020/10/articles/copyright-law/empire-copyright-litigation/

Here’s an article Scott wrote on how the Empire litigation extended permitted use of third-party trademarks: https://www.theiplawblog.com/2017/12/articles/trademark-law/ruling-in-lawsuit-over-foxs-use-of-empire-extends-permitted-use-of-third-party-trademarks/

Here is a link to an article on the IP Law Blog about the “Honey Badger” case: https://www.theiplawblog.com/2018/08/articles/ip/honey-badger-dont-care-the-rogers-test-and-trademark-infringement/