The Briefing by Weintraub Tobin
Latest Episodes
A Very Patented Christmas: The Quirkiest Inventions for the Holiday Season (Featured)
Get into the holiday spirit with a look at some of the most unique Christmas patents ever filed. From Santa detectors to upside-down Christmas trees, Scott Hervey and Jamie Lincenberg explore festive inventions that add a little extra cheer to the season
Nudity Riders, Consent, and the Terrifier Lawsuit: What Producers Must Know
TheTerrifierfranchise is one of the most unlikely independent horror success stories of the last 25 years. But a new lawsuit challenges how the first film was made and raises serious questions about performer consent and on-set protections. In this epis
The Man In Black v. Coca Cola: The New Soundalike Showdown
Did Coca-Cola cross the line by using a Johnny Cash soundalike in its nationwide Fan Work is Thirsty Work campaign? In this episode of The Briefing, Weintraub Tobin attorneys Scott Hervey and Richard Buckley unpack the Cash estates lawsuit and what it
What Is Fair Use and Why Does It Matter? (Featured)
Creators, beware: just because its online doesnt mean its fair game. In this episode of The Briefing, Scott Hervey and Richard Buckley break down one of the most misunderstood areas of copyright lawfair use.In this episode, they cover:What m
Turkey, Trademarks, and Thanksgiving Branding – IP Protection for Recipes and Holiday Traditions
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 intersect
Soup for Change: Campbell’s Sues a Congressional Candidate
In this episode of The Briefing, Scott Hervey and Richard Buckley break down Campbell Soup Co. v. Campbell for Congress, the lawsuit over a political candidates Soup4Change slogan and AI-generated soup can design. They cover the backstory, the trademar
Reboot or Not? The Battle Between ER’s Creator and Warner Bros Hits the Court of Appeal
After losing its anti-SLAPP motion, Warner Bros. has appealed in Roadrunner JMTC LLC v. Warner Bros. Television, the lawsuit brought by Michael Crichtons estate claiming the new series The Pitt is an unauthorized derivative of ER.In this episode of The
Tyrrell Winston v. NBA: When Artistic Style Becomes Copyright
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.Wins
When Consent Isn’t Enough – The TTAB’s Decision in In re Ye Mystic Krewe of Gasparilla
A consent agreement can be a powerful tool to overcome a USPTO likelihood-of-confusion refusalbut only if its done right.In this episode of The Briefing, Weintraub Tobin attorneys Scott Hervey and Richard Buckley discuss the TTABs precedential decisio
Protecting Fictional Characters: Copyright and Trademark Strategies
Can a car, a superhero, or even a cartoon sidekick be protected by copyright? In this episode of The Briefing, Scott Hervey and Matt Sugarman break down how fictional characters earn legal protection





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