The Briefing by the IP Law Blog

The Briefing by the IP Law Blog


Latest Episodes

It’s Not Yabba-Dabba-Delicious – TTAB Denies Color Mark for Post Fruity Pebbles!
January 26, 2024

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
January 19, 2024

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)
January 12, 2024

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
January 05, 2024

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
December 22, 2023

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’
December 15, 2023

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
December 08, 2023

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
December 01, 2023

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?
November 22, 2023

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
November 17, 2023

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