The Briefing by Weintraub Tobin

The Briefing by Weintraub Tobin


Latest Episodes

A Very Patented Christmas: The Quirkiest Inventions for the Holiday Season (Featured)
December 24, 2025

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
December 19, 2025

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
December 12, 2025

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)
December 05, 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 lawfair use.In this episode, they cover:What m

Turkey, Trademarks, and Thanksgiving Branding – IP Protection for Recipes and Holiday Traditions
November 26, 2025

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
November 21, 2025

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
November 14, 2025

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
November 07, 2025

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
October 31, 2025

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
October 24, 2025

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