Tag Archives: WeintraubTobin

Turkey, Trademarks, and Thanksgiving Branding – IP Protection for Recipes and Holiday Traditions

Copyright Law, IP Litigation, Trademark Law, , , , , , , , , , , , ,

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Who really owns your Thanksgiving traditions? In this special holiday edition of The Briefing, Weintraub Tobin partners Scott Hervey and Richard Buckley discuss how intellectual property law intersects with holiday food, recipes, and branding. Continue reading Turkey, Trademarks, and Thanksgiving Branding – IP Protection for Recipes and Holiday Traditions →

Reboot or Not? The Battle Between ER’s Creator and Warner Bros Hits the Court of Appeal

Entertainment IP, IP Litigation, , , , , , , , , , , , , , , , , ,

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After losing its anti-SLAPP motion, Warner Bros. has appealed in Roadrunner JMTC LLC v. Warner Bros. Television, the lawsuit brought by Michael Crichton’s estate claiming the new series The Pitt is an unauthorized derivative of ER.

In this episode of The Briefing, Weintraub Tobin attorneys Scott Hervey and Tara Sattler discuss:

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Tyrrell Winston v. NBA: When Artistic Style Becomes Copyright

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

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When artistic identity meets corporate branding, where does copyright law draw the line?
 
In a new episode of The Briefing, Scott Hervey and Richard Buckley discuss the lawsuit filed by artist Tyrrell Winston against the New Orleans Pelicans.
Winston—whose distinctive sculptures of deflated basketballs arranged in grids have been exhibited worldwide and licensed by brands like Nike, Adidas, and even NBA teams—claims the Pelicans copied his signature style in a social media campaign.

Continue reading Tyrrell Winston v. NBA: When Artistic Style Becomes Copyright →

When Consent Isn’t Enough – The TTAB’s Decision in In re Ye Mystic Krewe of Gasparilla

Entertainment IP, IP Litigation, , , , , , , , , , , , , ,

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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 →

The Nirvana Baby Lawsuit – A Win for Nirvana

Entertainment IP, Right of Publicity, , , , , , , , , , , , , ,

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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 →