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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.

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All Episodes

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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24:40

Is This Just A Copycat Influencer Case or Something...

The Briefing by Weintraub Tobin ·

2024/12/13

Can an influencer sue another for having a similar aesthetic? Scott Hervey and Jessica Marlow dive into a Texas case that could reshape creator marketing on this episode of The Briefing.Watch this episode on the Weintraub YouTube channel. Show Notes: Scott: Can a natural beige and cream aesthetic be protected? There's a case pending in Texas, a lawsuit brought by one social media influencer against another social media influencer in which the plaintiff claims that the defendant copied her

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11:09

Trademark Turbulence – Oakland vs SFO in Trademark...

The Briefing by Weintraub Tobin ·

2024/12/06

Oakland’s attempt to rename its airport didn’t take off. On this episode of The Briefing, Scott Hervey and Jamie Lincenberg discuss the trademark dispute between San Francisco and Oakland over airport naming rights.Watch this episode on the Weintraub YouTube channel. Show Notes: Scott: When Tony Bennett sang about leaving his heart in San Francisco, he wasn't singing about Oakland. There are no little cable cars climbing halfway to the stars in Jack London Square, as charming as it is

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9:05

Turkey, Trademarks, Copyright, and Cranberry Sauce –...

The Briefing by Weintraub Tobin ·

2024/11/27

This Thanksgiving, we're diving into the world of intellectual property and recipes. Can chefs own their culinary creations? Can a recipe be copyrighted? From Turducken trademarks to creative cookbooks, we're discussing the legal side of your favorite holiday dishes. Tune in to The Briefing’s milestone 200th episode with Scott Hervey and Tara Sattler for all the tasty legal details.Watch this episode on the Weintraub YouTube channel here. Show Notes: Scott: There are numerous ways to cook a

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15:08

The Briefing: Based on a (NOT) True Story – The Baby...

The Briefing by Weintraub Tobin ·

2024/11/22

Did Netflix push the boundaries of "based on a true story"? Scott Hervey and Jamie Lincenberg discuss Harvey v. Netflix, the risks of docudramas, and explain how truth and fiction collide in this high-stakes lawsuit on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel. Cases discussed: Fairstein v. Netflix Williams v. Netflix Harvey v. Netflix Show Notes: Scott: It seems like every good docudrama results in a defamation lawsuit. There is the recently

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11:58

Millions at Stake: How 2 Live Crew Beat Bankruptcy to...

The Briefing by Weintraub Tobin ·

2024/11/15

The 90s hip-hop group 2 Live Crew won big in their copyright case against Lil' Joe Records. Scott Hervey and Jamie Lincenberg break down termination rights, bankruptcy, and what it means for artists reclaiming their work on this episode of The Briefing.Watch this episode on the Weintraub YouTube channel. Show Notes: Scott: In mid-October, a Miami federal jury handed a win to Luther Luke Campbell and the heirs of Mark Ross and Christopher Wong Won of the 2 Live Crew in their long-running

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15:48

Bad Spirits – How a Dog Toy Changed TV Title Clearance

The Briefing by Weintraub Tobin ·

2024/11/08

Clearing titles for creative projects has become more challenging after the Supreme Court’s decision in Jack Daniels v. VIP Products. In this episode of The Briefing, Scott Hervey and Tara Sattler explore the evolution of the Rogers test and the new hurdles studios face in title selection.Cases Discussed: Jack Daniels Properties, Inc. v. VIP Products LLC HomeVestors of America, Inc. v. Warner Brothers Discovery Rogers v. Grimaldi Punchbowl, Inc. v. AJ Press Watch this

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6:02

The Dark Side of Halloween – Unlicensed Costumes and...

The Briefing by Weintraub Tobin ·

2024/10/31

Halloween is here, but beware! That killer costume might come with a lawsuit instead of candy. Scott Hervey and Tara Sattler discuss the legal threats associated with unlicensed costumes on this spooky episode of The Briefing.Watch this episode on the Weintraub YouTube channel. Show Notes: Scott: With Halloween just around the corner, we're diving into a Spooktacular topic. This is the dark side of Halloween, the side where you get a lawsuit instead of a Kit Kat bar. I'm Scott Hervey from the

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10:57

The Fall of SUPER HERO: When Trademarks Become Generic

The Briefing by Weintraub Tobin ·

2024/10/25

For more than half a century, Marvel Comics and DC Comics have jointly owned the trademark ‘Superhero.’ However, the Trademark Trial and Appeal Board recently granted a petition to cancel that mark because it became generic. Scott Hervey and James Kachmar discuss this case and how marks become generic on this episode of The Briefing.Watch this episode on the Weintraub YouTube channel. Show Notes: Scott: Since as early as 1967, Marvel Comics and DC Comics have jointly owned the trademark

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15:28

New California Laws for Digital Replicas Both Live...

The Briefing by Weintraub Tobin ·

2024/10/18

California recently passed two new AI laws that aim to protect individuals from the unauthorized creation of digital replicas. Scott Hervey and James Kachmar discuss these laws and their implications for the media industry on this episode of The Briefing.Watch this episode on the Weintraub YouTube channel here. Show Notes: Scott: Within the last few weeks, California's governor, Gavin Newsom, signed into law two new AI bills that are intended to impact the media business. Both of these bills

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12:07

Trump Train Derailed In “Electric Avenue” Copyright...

The Briefing by Weintraub Tobin ·

2024/10/11

Donald Trump is facing another lawsuit from a musician who objects to the use of their music at campaign events and rallies. Scott Hervey and Jamie Lincenberg discuss this latest challenge on this episode of The Briefing.Watch this episode on the Weintraub YouTube channel. Cases Discussed: Grant v. Trump Isaac Hayes Enters. v. Trump Show Notes: Scott: Donald Trump's presidential campaign has faced a number of challenges from musical artists that object to the use of their music in

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10:24

“Hold On” You Can’t Use That Music in Your...

The Briefing by Weintraub Tobin ·

2024/10/04

The estate of the late singer and songwriter Isaac Hayes sued former President Donald Trump for using one of his songs at campaign events and rallies. Scott Hervey and Tara Sattler discuss this case in this installment of The Briefing.Watch this episode on the Weintraub YouTube channel. Show Notes: Scott: In August of this year, the estate of legendary singer and songwriter Isaac Hayes sued former President and current presidential candidate Donald Trump and his campaign for using the song 'Hold

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10:57

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

The Briefing by Weintraub Tobin ·

2024/09/27

The FTC recently announced a new rule to combat fake consumer reviews and testimonials. Scott Hervey and Jessica Marlow explain how this decision will impact businesses and the influencer marketing industry in this 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 testimonials. All parties involved in influence or marketing or companies that

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10:33

Punchbowl News’ Trademark Win Despite Rogers Setback

The Briefing by Weintraub Tobin ·

2024/09/20

Punchbowl News won the trademark infringement lawsuit filed by greeting card and event planning company, Punch Bowl Inc., despite a previous setback at the Ninth Circuit. Scott Hervey and Jamie Lincenberg discuss this recent development in this installment of The Briefing.Cases Discussed: Rogers V. Grimaldi Jack Daniels Properties Inc. Versus VIP products Punchbowl, Inc. V. Aj Press, Llc Watch this episode on the Weintraub YouTube channel here. Show Notes: Scott: Despite a 2022

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10:03

Does This Court’s Ruling Put an End to Tattoo...

The Briefing by Weintraub Tobin ·

2024/09/13

The US District Court for the Northern District of Ohio issued an opinion in Hayden V. 2K Games, Inc. that could potentially put an end to tattoo copyright cases. Scott Hervey and Tara Sattler discuss the court's opinion on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel here. Show Notes: Scott: Earlier this year, we discussed a jury ruling in Hayden versus 2K Games, Inc, where a jury in the US District Court for the Northern District of Ohio found video game

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7:48

Late Night, Early Dismissal: The Santos-Kimmel...

The Briefing by Weintraub Tobin ·

2024/09/06

A New York Judge dismissed former Rep. George Santos' lawsuit against Jimmy Kimmel Live over the late-night host’s use of personalized Cameo videos in one of his segments. Scott Hervey and Tara Sattler discuss this decision on this installment of The Briefing.Watch this episode on the Weintraub YouTube channel here. Show Notes: Scott: I can see the situation unfolding in the writer’s room for Jimmy Kimmel Live. How can they show that former US Representative George Santos would say just about

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248 results

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