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PODCAST

The Briefing by Weintraub Tobin

Weintraub Tobin

In The Briefing by Weintraub Tobin, intellectual property attorney Scott Hervey and his guests discuss current IP issues related to trademark, copyright, and entertainment, as well as IP litigation and intellectual property in the news.

business entertainment news

All Episodes

6:16

Who Owns What – Understanding Copyright in...

The Briefing by Weintraub Tobin ·

2025/08/15

Who owns the rights when you co-create something? It’s not always as simple as you think. On this episode of The Briefing, Scott Hervey and Richard Buckley dig into:✔️ Joint authorship ✔️ Work-for-hire rules ✔️ Why every collaboration needs paperwork Avoid disputes before they derail your project. Watch this episode on YouTube. Show Notes: Scott: In a film, a television show, and music— creative projects are almost always collaborative. So, who owns what? And how do you avoid

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6:26

Trademark Basics – Protecting Names, Logos, and...

The Briefing by Weintraub Tobin ·

2025/08/08

From podcast names to iconic sounds, trademarks shape the entertainment world. In this episode of The Briefing, Scott Hervey and Richard Buckley break down what trademarks are, how to get one, and why creators must protect their brand. A must-listen for anyone building a name in entertainment.Watch this episode on YouTube. Scott: From movie titles to podcast logos, trademarks are everywhere in the entertainment industry. But how do you get one and what does it actually protect? I'm Scott

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8:38

What Is Fair Use and Why Does It Matter?

The Briefing by Weintraub Tobin ·

2025/08/01

Creators, beware: just because it’s online doesn’t mean it’s fair game. In this episode of The Briefing, Scott Hervey and Richard Buckley break down one of the most misunderstood areas of copyright law—fair use.In this episode, they cover: What makes a use "transformative"? Why credit alone doesn't protect you How recent court rulings (Warhol v. Goldsmith) are changing the game Tips to stay on the right side of the law Watch this episode on YouTube or listen to this

en-US

15:53

The Wrong Argument – Why Authors Lost Against Meta...

The Briefing by Weintraub Tobin ·

2025/07/25

In a major win for Meta, a federal court recently dismissed a lawsuit brought by prominent authors who claimed their books were illegally used to train the company’s LLaMA models. But the ruling doesn’t give AI companies a free pass—it reveals the roadmap for how a better-prepared copyright plaintiff could win next time.In this episode of The Briefing, Scott Hervey is joined by his partner Matt Sugarman as they break down: The background of Kadrey v. Meta The court’s detailed fair use

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16:12

Anthropic, Copyright, and the Fair Use Divide

The Briefing by Weintraub Tobin ·

2025/07/18

A federal judge has ruled that training Claude AI on copyrighted books—even without a license—was transformative and protected under fair use. But storing millions of pirated books in a permanent internal library? That crossed the line.In this episode of The Briefing, Scott Hervey and Tara Sattler break down this nuanced opinion and what this ruling means for AI developers and copyright owners going forward. Watch this episode on YouTube. Show Notes: Scott: What happens when an artificial

en-US

11:42

The Supreme Court Dodges the Discovery Rule...

The Briefing by Weintraub Tobin ·

2025/07/11

The Supreme Court sidestepped a major copyright showdown—again. What does it mean when infringement claims surface decades later? In this episode of The Briefing, Scott Hervey and Tara Sattler break down the latest in the discovery rule debate, RAD Design’s rejected petition, and how this uncertainty affects creators, businesses, and copyright holders across the country.Watch this episode on YouTube. Show Notes: Scott: In Warner Chapel Music versus Neely, the Supreme Court acknowledged without

en-US

12:07

Who Owns WallStreetBets? Trademark Use in Commerce...

The Briefing by Weintraub Tobin ·

2025/07/03

Who really owns WallStreetBets? The man who created the subreddit, or the platform that hosted it?In this episode of The Briefing, Scott Hervey and Tara Sattler dive into the trademark showdown between Jaime Rogozinski and Reddit, and why both the District Court and the Ninth Circuit said no to Rogozinski's claim of trademark ownership. This case is a cautionary tale for creators and entrepreneurs about what really counts as “use in commerce” under trademark law. Just coining a catchy name or

en-US

16:18

Sinking the Rogers Test? What Pepperdine’s Lawsuit...

The Briefing by Weintraub Tobin ·

2025/06/27

In this episode of The Briefing, Scott Hervey and Richard Buckley dive into Pepperdine University v. Netflix, a trademark showdown over the use of the name “Waves” in the Netflix series Running Point. After Pepperdine’s attempt to block the series’ release was denied under the Rogers test, the university is back—this time arguing that the Jack Daniel’s Supreme Court decision changes everything.Watch this episode on the Weintraub YouTube channel. Show Notes: Scott: What happens when a Christian

en-US

14:57

The Ninth Circuit Puts the Brakes on Eleanor’s...

The Briefing by Weintraub Tobin ·

2025/06/20

Can a car be a copyrightable character? In Carroll Shelby Licensing v. Halicki, the Ninth Circuit said no — ruling that “Eleanor,” the iconic Mustang from 'Gone in 60 Seconds,' lacks the distinctiveness and consistency required for copyright protection.In this episode of The Briefing, Scott Hervey and Richard Buckley break down the history of the Eleanor litigation, review the district court and Ninth Circuit rulings, and explain what it actually takes for a character to qualify for copyright

en-US

10:57

Fake Reviews, Real Consequences: Consumer Review Dos...

The Briefing by Weintraub Tobin ·

2025/06/13

If your company relies on online reviews, influencer partnerships, or digital marketing strategies, it's important to be aware of FTC Rules and the distinctions between real reviews and paid ads. Scott Hervey and Jessica Marlow discuss the dos and don'ts of consumer reviews on this featured episode of The Briefing.Watch this episode on the Weintraub YouTube channel. Show Notes: Scott: On August 14th, 2024, the Federal Trade Commission announced a final rule that will combat fake reviews and

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20:36

Who Owns Jack Nicklaus? Lessons for The Creator...

The Briefing by Weintraub Tobin ·

2025/06/06

What happens when a business built on a celebrity’s name no longer controls the name itself? In this episode of The Briefing, attorneys Scott Hervey and Jessica Marlow break down the Nicklaus Companies v. GBI decision and what it means for venture funds, PE firms, and brand-driven businesses.They discuss how Jack Nicklaus was able to legally walk away from the company bearing his name—and start competing—because the company failed to secure critical rights to his name, image, and likeness. Scott

en-US

11:02

Trademark Smoked: The Fall of General Cigar’s COHIBA...

The Briefing by Weintraub Tobin ·

2025/05/30

After nearly 30 years of litigation, a federal court has canceled General Cigar’s U.S. trademarks for COHIBA cigars — all because of a little-known treaty and a Cuban brand once favored by Fidel Castro. What does this mean for U.S. trademark law and the future of the COHIBA brand? Tune in to this week’s episode of The Briefing as Scott Hervey and Jessica Corpuz unpack this high-stakes decision.Watch this episode on the Weintraub YouTube channel. Show Notes: Scott: It's a battle decades in the

en-US

12:26

When a TikTok Costs You $150,000 – Copyright Pitfalls...

The Briefing by Weintraub Tobin ·

2025/05/23

Warner Music Group just sued DSW for using 200+ hit songs in social media ads—without permission. Those TikToks could now cost $30M. On this episode of The Briefing, entertainment and IP attorneys Scott Hervey and Tara Sattler break down the legal firestorm and what every brand needs to know before hitting “post.”Watch this episode on the Weintraub YouTube channel. Show Notes: Scott: A major music label just did the legal equivalent of a mic drop on one of America's best-known shoe retailers

en-US

11:33

Influencer Fail – ALO Yoga & Influencers Named in...

The Briefing by Weintraub Tobin ·

2025/05/16

A class action lawsuit has been filed against ALO Yoga and several influencers for failing to disclose that various social media campaigns were actually paid ads. Weintraub attorneys Scott Hervey and Tara Sattler break down this lawsuit and what brands should do to avoid costly FTC violations like this in the future.Watch this episode on the Weintraub YouTube channel. Scott previously discussed the risks of social media marketing and FTC compliance in a two-part series with IP attorney Jessica

en-US

No CTRL-ALT-DEL For the Server Test

The Briefing by Weintraub Tobin ·

2025/05/09

On this episode of The Briefing, Scott Hervey and James Kachmar break down the Supreme Court’s decision to pass on the McGuckin v. Valnet case—and how it keeps the legal confusion swirling around the "server test" for embedding online content. With courts on opposite coasts taking different stances, what does this mean for publishers, bloggers, and social media managers? They talk about the risks, what you can do to stay safe, and why your location might matter more than you think.Watch this

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14:20

Trademark Mayhem – Lady Gaga Gets Sued for Trademark...

The Briefing by Weintraub Tobin ·

2025/05/02

Lady Gaga’s “Mayhem” tour has sparked legal trouble. In this episode of The Briefing, Scott Hervey and James Kachmar analyze a trademark infringement lawsuit filed by surf brand, Lost International, which claims Gaga’s use of “Mayhem” on merchandise violates their long-standing rights. The discussion explores the strength of Lost’s trademark, the likelihood of consumer confusion, and key legal takeaways for brands navigating crowded trademark landscapes.Watch this episode on the Weintraub YouTube

en-US

18:46

The Future of TV? A 2025 Digital Media Trends Analysis

The Briefing by Weintraub Tobin ·

2025/04/25

Is traditional Hollywood facing an existential crisis? Deloitte's 2025 Digital Media Trends report reveals a massive shift in how Gen Z and millennials consume content. Scott Hervey and Tara Sattler break down the data and explore what this means for studios, creators, and the future of storytelling on this episode of The Briefing.Watch this episode on the Weintraub YouTube channel. Show Notes: Scott: Deloitte released its 2025 digital media Trends earlier in March. It is a comprehensive look at

en-US

9:24

Everyone Loves the HBO Series ‘White Lotus,’ Except...

The Briefing by Weintraub Tobin ·

2025/04/18

Can HBO be sued over a T-shirt? Scott Hervey and Tara Sattler unpack Duke University’s beef with 'White Lotus' after a character wore a Duke tee on screen. Does this cross the legal line—or is it just creative expression? They're talking trademark, the Rogers test, and what it all means for studios on this episode of The Briefing.Watch this episode on the Weintraub YouTube channel. Show Notes: Scott: In a recent episode, Timothy Ratliff is grappling with possible criminal liability for his

en-US

14:45

Sequel, Spin-Off, or Something Else? The Legal Battle...

The Briefing by Weintraub Tobin ·

2025/04/11

Is 'The Pit' a spinoff, sequel, or something else entirely? Scott Hervey and Tara Sattler break down the lawsuit over 'ER' and whether 'The Pit' crosses the legal line into derivative territory on this episode of The Briefing.Watch this episode on the Weintraub YouTube channel. Show Notes: Scott: A legal battle is in full swing over the hit medical drama, ER and the Pit, a new medical drama set in Pittsburgh. The agreement between the creator of ER, Michael Crichton and WB, says that any

en-US

11:06

ER Redux? The Anti-SLAPP Motion That Didn’t Stick

The Briefing by Weintraub Tobin ·

2025/04/04

The estate of 'ER' creator Michael Crichton is suing Warner Brothers, claiming their new medical drama 'The Pit' is a derivative of 'ER.' IP and Entertainment attorneys Scott Hervey and Jessica Corpuz discuss this case on this episode of The Briefing.Watch this episode on the Weintraub YouTube channel. Scott: A legal battle is unfolding over the hit medical drama, ‘The Pit,’ which the estate of Michael Crichton claims is the unauthorized successor to ER. The estate, represented by a

en-US

257 results

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