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Clearing titles for creative projects has become more challenging after the Supreme Court’s decision in Jack Daniels v. VIP Products. In this episode of The Briefing, Scott Hervey and Tara Sattler explore the evolution of the Rogers test and the new hurdles studios face in title selection.
Continue reading Bad Spirits – How a Dog Toy Changed TV Title Clearance
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Halloween is here, but beware! That killer costume might come with a lawsuit instead of candy. Scott Hervey and Tara Sattler discuss the legal threats associated with unlicensed costumes on this spooky episode of The Briefing.
Watch this episode on the Weintraub YouTube channel.
Continue reading The Dark Side of Halloween – Unlicensed Costumes and the Legal Haunt
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For more than half a century, Marvel Comics and DC Comics have jointly owned the trademark ‘Superhero.’ However, the Trademark Trial and Appeal Board recently granted a petition to cancel that mark because it became generic. Scott Hervey and James Kachmar discuss this case and how marks become generic on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel.
Continue reading The Fall of SUPER HERO: When Trademarks Become Generic
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Punchbowl News won the trademark infringement lawsuit filed by greeting card and event planning company, Punch Bowl Inc., despite a previous setback at the Ninth Circuit. Scott Hervey and Jamie Lincenberg discuss this recent development in this installment of The Briefing.
Cases Discussed:
Watch this episode on the Weintraub YouTube channel here.
Continue reading Punchbowl News’ Trademark Win Despite Rogers Setback
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The Trademark Trial and Appeal Board often consider wine, beer, and non-alcoholic beverages related when determining the likelihood of confusion despite there being no per se rule on the matter. Scott Hervey and Jamie Lincenberg discuss the TTAB’s long-standing opinion on this episode of The Briefing.
Read Scott’s article on the IP Law Blog. Watch this episode on the Weintraub YouTube channel here.
Continue reading Thirsty for Clarity – Brand Confusion In The Beverage Category
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‘Gabby’s Table’ was denied registration in a major Trademark decision that impacts affiliate marketing. Weintraub attorneys Scott Hervey and Jamie Lincenberg break down what this means for your business in this episode of “The Briefing”
Watch this episode on the Weintraub YouTube channel here and listen to the full podcast here.
Continue reading Affiliate Marketing vs Retail Services – TTAB’s Landmark Ruling
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In Blue Mountain Holdings v. Bliss Nutraceuticals, the 11th Circuit upheld a U.S. District Court finding that Lighthouse Enterprises issued a naked license to Blue Mountain, which covered the trademark in question. Scott Hervey and Eric Caligiuri discuss this case and how to avoid bearing the risks of a naked license in this featured episode of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Continue reading How to Avoid Bearing The Risks of A Naked License (Featured)
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Trademarks perform a number of important functions. Scott Hervey discusses the spectrum of trademark strength in this archive episode of “The Briefing”
Get the full episode on the Weintraub YouTube channel here or listen to this podcast episode here.
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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
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Fruity Pebbles failed to attain a trademark for the various colors of its cereal. Scott Hervey and Jessica Marlow discuss the TTAB’s decision to reject the trademark application on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel here.
Continue reading It’s Not Yabba-Dabba-Delicious – TTAB Denies Color Mark for Post Fruity Pebbles!