The Briefing by Weintraub Tobin

The Briefing by Weintraub Tobin


Latest Episodes

What Is Fair Use and Why Does It Matter?
August 01, 2025

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 la

The Wrong Argument – Why Authors Lost Against Meta and What Comes Next
July 25, 2025

In a major win for Meta, a federal court recently dismissed a lawsuit brought by prominent authors who claimed their books were illegally used to train the companys LLaMA models. But the ruling doesn

Anthropic, Copyright, and the Fair Use Divide
July 18, 2025

A federal judge has ruled that training Claude AI on copyrighted bookseven without a licensewas transformative and protected under fair use. But storing millions of pirated books in a permanent inte

The Supreme Court Dodges the Discovery Rule Question—What That Means for Copyright Enforcement
July 11, 2025

The Supreme Court sidestepped a major copyright showdownagain. What does it mean when infringement claims surface decades later? In this episode of The Briefing, Scott Hervey and Tara Sattler break d

Who Owns WallStreetBets? Trademark Use in Commerce and the Reddit Battle
July 03, 2025

Who really owns WallStreetBets? The man who created the subreddit, or the platform that hosted it? In this episode of The Briefing, Scott Hervey and Tara Sattler dive into the trademark showdown betwe

Sinking the Rogers Test? What Pepperdine’s Lawsuit Could Mean for Hollywood
June 27, 2025

In this episode of The Briefing, Scott HerveyandRichard Buckley dive into Pepperdine University v. Netflix, a trademark showdown over the use of the name Waves in the Netflix series Running Point.

The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim
June 20, 2025

Can a car be a copyrightable character? In Carroll Shelby Licensing v. Halicki, the Ninth Circuit said no ruling that Eleanor, the iconic Mustang from 'Gone in 60 Seconds,' lacks the distinctivene

Fake Reviews, Real Consequences: Consumer Review Dos and Don’ts (Featured)
June 13, 2025

If your company relies on online reviews, influencer partnerships, or digital marketing strategies, it's important to be aware of FTC Rules and the distinctions between real reviews and paid ads. Scot

Who Owns Jack Nicklaus? Lessons for The Creator Economy From a Brand Battle
June 06, 2025

What happens when a business built on a celebritys name no longer controls the name itself? In this episode of The Briefing, attorneys Scott Hervey and Jessica Marlow break down the Nicklaus Companie

Trademark Smoked: The Fall of General Cigar’s COHIBA Registration
May 30, 2025

After nearly 30 years of litigation, a federal court has canceled General Cigars U.S. trademarks for COHIBA cigars all because of a little-known treaty and a Cuban brand once favored by Fidel Castr