Tag Archives: Weintraub Tobin

SCOTUS to Determine if USPTO Refusal to Register TRUMP TOO SMALL is Unconstitutional



The Supreme Court recently heard oral arguments in the case of Vidal v. Elster to determine whether the USPTO’s refusal to register the trademark “Trump Too Small” violates the applicant’s First Amendment rights. Scott Hervey and Eric Caligiuri discuss this case on this installment of The Briefing. 

Watch this episode on the Weintraub YouTube channel here.

Continue reading SCOTUS to Determine if USPTO Refusal to Register TRUMP TOO SMALL is Unconstitutional


Nike Threatens Fire & Brimstone Over Satanic Custom Shoe Makers



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.


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



In 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.

Watch this episode on YouTube here.

Watch a previous episode of The Briefing by the IP Law Blog discussing the Empire litigation, here.

Read an article Scott wrote on how the Empire litigation extended the permitted use of third-party trademarks on The IP Law Blog, here.

Read an article on The IP Law Blog about the “Honey Badger” case, here.