The Briefing by the IP Law Blog
Latest Episodes
It’s Not Yabba-Dabba-Delicious – TTAB Denies Color Mark for Post Fruity Pebbles!
Fruity Pebbles failed to attain a trademark for the various colors of its cereal. Scott Hervey and Jessica Marlow discuss the TTAB's decision to reject the trademark application on this episode of The
Beyond the Hashtag: FTC Revises Guidelines for Endorsement Use in Advertising
The FTC recently made changes to its guide concerning the use of endorsements and testimonials in advertising. Scott Hervey and Jessica Marlow discuss these changes and their expected impact on the in
The Protectability of Short Phrases (Archive)
While iconic catchphrases from TV and film can hold significant equity, protection of them can be spotty. Scott Hervey and Tara Sattler talk about the protectability of short phrases on this archive e
IP Rights and the “Public Good” Exemption to California’s Anti-SLAPP Law: An Update
In the case of Martinez v. Zoom Info Technologies, the Ninth Circuit addressed the "Public Interest" exemption to California's anti-SLAPP law. Scott Hervey and James Kachmar talk about this case on th
Merry Litigation: All I Want for Christmas is a Copyright Infringement Lawsuit
Country singer Andy Stone, A.K.A Vince Vance, has renewed his lawsuit against Mariah Carey, which claims that her holiday hit 'All I Want for Christmas Is You' infringes the copyright of his song with
Jingle Brawl: The Battle for ‘Queen of Christmas’
Mariah Carey has widely been referred to by fans as the 'Queen of Christmas,' but when she attempted to trademark the title last year, it was met with pushback from another singer and songwriter who c
Netflix to Pay $2.5M to GoTV for Patent Infringement
Netflix has been ordered to pay GoTV Streaming $2.5 Million in damages for infringing one of its wireless technology patents. Scott Hervey and Eric Caligiuri discuss this update on this episode of The
Once Upon A Time – SCOTUS Rejects Trademark Infringement Claim Against Quentin Tarantino Film
The Supreme Court rejected a trademark infringement claim against the producers of the Quentin Tarantino film Once Upon a Time in Hollywood over its portrayal of the late actor Christopher Jones.S
Are LEGO Creations Based on Religious Texts Eligible for Copyright Protection?
The creator of a LEGO brick Second Holy Temple product is accusing another LEGO creator of copyright infringement for their interpretation of the same temple. Scott Hervey and Eric Caligiuri discuss t
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 USPTOs refusal to register the trademark Trump Too Small violates the applicant's First Amend