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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

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

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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

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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

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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

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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

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13:31

Diana Copeland – “Surviving R. Kelly” But Not...

The Briefing by Weintraub Tobin ·

2025/03/28

In this installment of The Briefing, Scott Hervey & Jessica Corpuz cover the landmark defamation case Copeland v. Netflix—dissecting the high bar for public figures to prove defamation and the critical concept of "actual malice." From the Surviving R. Kelly documentary to First Amendment protections, they unpack the legal complexities surrounding public figures and media reporting.Watch this episode on the Weintraub YouTube channel here. Show Notes: Scott: Surviving R. Kelly was a Netflix

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11:04

NBA Teams Fight Back Against Trolling – The Validity...

The Briefing by Weintraub Tobin ·

2025/03/21

A petition is calling for the Supreme Court to decide on the validity of the "discovery rule," which allows copyright claims long after the alleged infringement. NBA teams like the Indiana Pacers and Denver Nuggets are even weighing in, worried that social media posts from years ago could be used as grounds for lawsuits. Scott Hervey and Tara Sattler dive into this game-changing copyright case in this installment of The Briefing.Watch this episode on the Weintraub YouTube channel.

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18:21

Court Drowns Pepperdine’s ‘Waves’ Trademark Battle...

The Briefing by Weintraub Tobin ·

2025/03/14

On the latest episode of The Briefing, Weintraub attorneys Scott Hervey and Jessica Corpuz break down the court’s decision in Pepperdine’s trademark fight with Netflix over the name "Waves" in the new series Running Point. Tune in for insights on this case and how the Jack Daniel's ruling is reshaping trademark law in entertainment.Watch this episode on the Weintraub YouTube channel. For more content like this, subscribe here.

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10:58

The Briefing: The Stanley Cup Clash – A Trademark...

The Briefing by Weintraub Tobin ·

2025/03/07

Did you know the popular Stanley Travel Cup is tied to Stanley Black & Decker? A lawsuit is brewing over trademark rights and branding disputes. Is PMI overstepping, or is Stanley Black & Decker overreaching? Weintraub Tobin attorneys Scott Hervey and Tara Sattler discuss the legal battle over the iconic cup on this episode of The Briefing.Watch this episode on the Weintraub YouTube channel here. Show Notes: Scott Most people who have spent any time in a Home Depot, a Lowe's, or an Ace Hardware

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19:45

The Briefing: Westlaw v. Ross AI – Is This The End of...

The Briefing by Weintraub Tobin ·

2025/03/01

Major AI copyright ruling - The Delaware District Court’s decision in Thomson Reuters v. Ross AI could have huge implications for AI training and copyright law. On this episode of The Briefing, Weintraub attorneys Scott Hervey and Andy Tan break down the case, its impact on the AI industry, and what it means for content creators.Watch this episode on the Weintraub YouTube channel here. Show Notes: Scott: This February, the Delaware District Court, in the case of Thompson Reuters versus Ross AI,

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13:50

Federal District Court Adopts Problematic “Vibe...

The Briefing by Weintraub Tobin ·

2025/02/21

In the case of Sydney Nicole vs. Alyssa Sheil, a federal district judge ruled that certain vibes and aesthetics can be protected under copyright law. Weintraub attorneys Scott Hervey and Tara Sattler break down this decision and what it means for content creators and brands in the digital age on this episode of The Briefing.Watch this episode on the Weintraub YouTube channel here. Show Notes: Scott: In December of last year, we talked about the report and recommendation of a magistrate judge

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15:49

Bad Spaniels: Infringement? No. Dilution? Yes

The Briefing by Weintraub Tobin ·

2025/02/14

On this episode of The Briefing, Scott Hervey and Tara Sattler dive into the landmark Jack Daniels v. VIP Products case that changed trademark law. They break down the Supreme Court's ruling on trademark infringement vs. dilution and explore how a dog toy parody nearly tarnished Jack Daniels' brand.Watch this episode on the Weintraub YouTube channel. Show Notes: Scott: VIP products versus Jack Daniels' properties brought a landmark Supreme Court case that forever changed the application of

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21:48

Copyright Troll or Rightful Enforcer? The Fifth...

The Briefing by Weintraub Tobin ·

2025/02/07

A motivational passage from Keith Bell’s book Winning Isn’t Normal sparks a legal battle after Ole Miss coach Lane Kiffin shares it on Twitter. Scott Hervey and Tara Sattler dive into the lawsuit, exploring how the Fifth Circuit’s ruling raises important questions about fair use, copyright enforcement, and Bell’s “serial litigant” status.Watch this episode on the Weintraub YouTube channel. Show Notes: Scott: In 2021, we reported on the copyright lawsuit filed by inspirational book author, Keith

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20:53

Creator Contract Liability When Your Platform...

The Briefing by Weintraub Tobin ·

2025/01/31

As TikTok’s future in the US hangs in the balance, influencers and brands are left wondering how a potential ban could impact their posting contracts. In this episode of The Briefing, Scott Hervey and Jamie Lincenberg dive into the potential legal challenges and share insights on how brands can stay ahead of the curve in this ever-changing landscape.Watch this episode on the Weintraub YouTube channel. Show Notes: Scott: On January 19, 2025, TikTok went dark, forced to cease operations in the US

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16:10

2025 IP Resolutions Start With a Review of IP Assets

The Briefing by Weintraub Tobin ·

2025/01/24

Kick off 2025 by reviewing your company's IP assets! Whether you're new to IP protection or a seasoned pro, it’s crucial to keep track of your valuable intellectual property. Scott Hervey & Tara Sattler break down key steps in safeguarding your trademarks, copyrights, and patents on this episode of The Briefing.Watch this episode on the Weintraub YouTube channel. Show Notes: Scott: As 2025 kicks off, it's time for companies to review and take stock of their intellectual property assets. This

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17:13

About Face: Courts Weigh AI Face-Swapping Technology...

The Briefing by Weintraub Tobin ·

2025/01/17

The Ninth Circuit recently upheld a ruling allowing a class action against NeoCortex, the creators of the Reface app, over the unauthorized use of content creator Kyland Young's likeness. This case highlights the growing tension between AI innovation and individual rights. Scott Hervey and Jamie Lincenber discuss the lawsuit and what it means for AI companies using digital likenesses on this installment of The Briefing.Watch this episode on the Weintraub YouTube channel here. Show

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8:23

Navigating the Legal Risks for Brands in Social Media...

The Briefing by Weintraub Tobin ·

2025/01/03

In part 2 of our social media marketing series, Scott Hervey and Jessica Marlow deep dive into the unique legal risks brands face when navigating social media. From FTC compliance to IP infringement and content clearance, discover the essentials for protecting your brand in the digital age on this archive episode of The Briefing. Find part one here.Watch this episode on the Weintraub YouTube channel. Show Notes: Scott: Brands spend a lot of money on social media marketing, and that amount

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9:56

Navigating the Legal Risks for Brands in Social Media...

The Briefing by Weintraub Tobin ·

2024/12/27

While influencer marketing has become popular in the creator space, it doesn't come without risks. From IP infringement to FTC compliance, Scott Hervey and Jessica Marlow discuss the key issues surrounding brand endorsement deals in this archive two-part episode of The Briefing.Watch this episode on the Weintraub YouTube channel. Show Notes: Scott: Influencer social media marketing is big business, whether it's a brand integration on Instagram by an influencer or a long-term brand endorsement

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11:01

A Very Patented Christmas: The Quirkiest Inventions...

The Briefing by Weintraub Tobin ·

2024/12/20

Get into the holiday spirit with a look at some of the most unique Christmas patents ever filed. From Santa detectors to upside-down Christmas trees, Scott Hervey and Jamie Lincenberg explore festive inventions that add a little extra cheer to the season on this episode of The Briefing.Watch this episode on the Weintraub YouTube channel. Show Notes: Scott: Welcome to a special holiday edition of The Briefing. Today, we are decking the Halls with a look at some of the most unique

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