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Latest Episodes
Deepfakes vs Right of Publicity: Navigating the Intersection Between Free Speech and Protected Rights
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
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
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
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?
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
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
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
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
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
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