The Briefing by the IP Law Blog

The Briefing by the IP Law Blog


Latest Episodes

Deepfakes vs Right of Publicity: Navigating the Intersection Between Free Speech and Protected Rights
August 25, 2023

The rise of deepfakes is a growing concern within the entertainment industry. Scott Hervey and Jamie Lincenberg discuss this and the intersection between free speech and protected rights on this episo

Shedding Light on ‘Willful Blindness’: Brandy Melville v Redbubble
August 18, 2023

In the case of Brandy Melville v Redbubble, a three judge appellate panel explored whether an owner of an online market place is liable for contributory trademark infringement. Scott Hervey and Jamie

No CTRL-ALT-DEL For the Server Test
August 11, 2023

Alexis Hunley v. Instagram has been referred to as one of the top copyright cases to watch this year. Scott Hervey and Jamie Lincenberg discuss this case on this episode of The Briefing. - Watch this

Zillow Loses Second Round of Copyright Fight
August 04, 2023

The Ninth Circuit recently issued an opinion affirming that Zillow infringed thousands of copyrights owned by a real estate photography studio. Scott Hervey and James Kachmar discuss this case on this

Is Warhol Bad for Documentarians?
July 28, 2023

There is some concern that the Supreme Court's decision in Andy Warhol Foundation v. Goldsmith will harm the documentary filmmaking community. Scott Hervey and Tara Sattler discuss the implications of

The Supreme Court Limits the Reach of The Lanham Act
July 21, 2023

The U.S. Supreme Court recently decided that trademark infringement claims under the Lanham Act only apply if the infringing use in commerce" occurs in the United States. Scott Hervey and Tara Sattle

Netflix Settles Defamation Dispute with Docu Film Subjects
July 14, 2023

The subjects of a documentary have dropped their long-standing defamation lawsuit against Netflix and producers. Scott Hervey and Jamie Lincenberg talk about this case on this episode of The Briefing

Bad Spaniels in the Doghouse – Jack Daniels Prevails in Trademark Fight
July 07, 2023

The U.S. Supreme Court provided clarification on the application of the Rogers test in relation to Jack Daniels v. VIP Products. Scott Hervey and Jamie Lincenberg talk about this ruling on this episod

Court Rules Litigation Funding Not Relevant in Netflix v. GoTV
June 30, 2023

A court denied Netflix's request for GoTV Streaming to supply documents relating to the source of its patent litigation funding. Scott Hervey and Eric Caligiuri discuss this dispute on this episode of

USPTO Suspends Applications Including Criticisms of Known Living Figures
June 23, 2023

The U.S. Supreme Court will hear the USPTOs appeal of a Federal Circuit ruling that allows individuals to register trademarks using the name of a living person without their consent. Scott Herveyand