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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

9:25

Deep Dive into the NO FAKES Act

The Briefing by Weintraub Tobin ·

2024/08/30

A group of senators introduced an update to the ‘No Fakes Act,’ which protects the voice and visual likeness of individuals from unauthorized AI-generated recreations. Scott Hervey and James Kachmar discuss the changes to this act on this episode of The Briefing.Watch this episode on the Weintraub YouTube channel here. Show Notes: Scott: Senators Chris Coons, Marsha Blackburn, Amy Klobuchar, and Thom Tillis introduced an update to the ‘Nurture Originals Foster Art and Keep Entertainment Safe

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11:13

Thirsty for Clarity – Brand Confusion In The Beverage...

The Briefing by Weintraub Tobin ·

2024/08/23

The Trademark Trial and Appeal Board often consider wine, beer, and non-alcoholic beverages related when determining the likelihood of confusion despite there being no per se rule on the matter. Scott Hervey and Jamie Lincenberg discuss the TTAB's long-standing opinion on this episode of The Briefing.Read Scott's article on the IP Law Blog. Watch this episode on the Weintraub YouTube channel here. Show Notes: Scott: In October 2014, I wrote an article for our law firm's blog, remember those

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8:08

Affiliate Marketing vs Retail Services – TTAB’s...

The Briefing by Weintraub Tobin ·

2024/08/16

'Gabby's Table' was denied registration in a major Trademark decision that impacts affiliate marketing. Weintraub attorneys Scott Hervey and Jamie Lincenberg break down what this means for your business in this episode of "The Briefing" Watch this episode on the Weintraub YouTube channel here and listen to the full podcast here. Show Notes: Scott On July 1st, 2024, the US Trademark Trial and Appeal Board issued a precedential decision that has great implications in today's world of affiliate

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4:39

How to Avoid Bearing The Risks of A Naked License...

The Briefing by Weintraub Tobin ·

2024/08/09

In Blue Mountain Holdings v. Bliss Nutraceuticals, the 11th Circuit upheld a U.S. District Court finding that Lighthouse Enterprises issued a naked license to Blue Mountain, which covered the trademark in question. Scott Hervey and Eric Caligiuri discuss this case and how to avoid bearing the risks of a naked license in this featured episode of The Briefing.Watch this episode on the Weintraub YouTube channel here. Show Notes: Scott: The trademark dispute in Blue Mountain Holdings versus Blitz

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8:58

IOC Goes For Gold In Trademark Suit Over Logan Paul –...

The Briefing by Weintraub Tobin ·

2024/08/03

Weintraub attorneys Scott Hervey and Jessica Marlo explore the US Olympic Committee's lawsuit against Prime Hydration, co-founded by Logan Paul, for using Olympic trademarks in their ad campaign with Kevin Durant. Discover the power of Olympic trademarks and their protection!Get the full episode on the Weintraub YouTube channel here or listen to this podcast episode here. Show Notes: Scott The United States Olympic and Paralympic Committee has filed a lawsuit in the United States District

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10:43

No Copyright Protection in Fitness Routines for...

The Briefing by Weintraub Tobin ·

2024/07/26

Tracy Anderson, the mastermind behind the Tracy Anderson Method, sued ex-trainer Megan Roup for allegedly stealing her routines and licensing them to Equinox. The US District Court just ruled against Anderson’s copyright claim. Join Scott Hervey and Jamie Lincenbergfrom Weintraub Tobin on "The Briefing" as they discuss the case’s impact on fitness entrepreneurs.Get the full episode on the Weintraub YouTube channel here or listen to this podcast episode here. Show Notes: Scott Exercise is a

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7:03

Closing The Royalty Loophole Push for a Public...

The Briefing by Weintraub Tobin ·

2024/07/19

Did you know? In the U.S., terrestrial radio stations don't pay royalties to non-songwriter performers or record labels! Unlike other countries, only songwriters and publishers get paid. Weintraub attorneys Scott Hervey and Jamie Lincenberg share how musicians are pushing Congress to change this with the American Music Fairness Act in this installment of “The Briefing.”Get the full episode on the Weintraub YouTube channel here or listen to this podcast episode here. Show Notes: Scott As you

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6:34

Not Terminated – Cher Still Entitled to Her Share of...

The Briefing by Weintraub Tobin ·

2024/07/12

Cher recently won a major lawsuit over her music royalties from her divorce from Sonny Bono. Join Weintraub attorneys Scott Hervey and Jamie Lincenberg on today’s episode of “The Briefing” as they break down this case and its implications for copyright law.Get the full episode on the Weintraub YouTube channel here or listen to this podcast episode here. Show Notes: Scott Cher recently won quite a big victory in a lawsuit over whether a copyright termination in various Sonny Bono compositions

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9:48

The Strength of a Trademark (Archive)

The Briefing by Weintraub Tobin ·

2024/07/05

Trademarks perform a number of important functions. Scott Hervey discusses the spectrum of trademark strength in this archive episode of "The Briefing"Get the full episode on the Weintraub YouTube channel here or listen to this podcast episode here. Show Notes: Scott: Trademarks perform a number of important functions. They are consumer road signs; they tell consumers which products to buy. They are a company’s public persona; they epitomize of all the positive (and negative) qualities of a

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9:54

The Briefing: Supreme Court Holds Copyright Damages...

The Briefing by Weintraub Tobin ·

2024/06/28

Weintraub attorneys Scott Hervey and Jamie Lincenberg unpack the Supreme Court's follow-up decision on damages in Neely v. Warner Chapel Music. Explore how this ruling could reshape future infringement cases.Get the full episode on the Weintraub YouTube channel here or listen to this podcast episode here. Show Notes: Scott: In a previous episode of “The Briefing,” we pondered just how far back a plaintiff in a copyright infringement case can go in recovering damages when we discussed the

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12:29

The Briefing: Is the FTC Recent Rule on Non-Competes...

The Briefing by Weintraub Tobin ·

2024/06/21

The FTC just issued a final rule banning post-employment non-compete clauses, and it's shaking things up, especially in the non-scripted TV world. How will this impact talent deals? Join Weintraub attorneys Scott Hervey and Shauna Correia as they discuss what this means for networks and on-air talent on the latest installment of “The Briefing.” Get the full episode on the Weintraub YouTube channel here or listen to this podcast episode here. Show Notes: Scott The FTC recently issued a final

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10:22

Scarlett Johansson vs Chat GPT What the Legal...

The Briefing by Weintraub Tobin ·

2024/06/14

Did Scarlett Johansson's voice inspire 'Sky'? Scott Hervey and Jamie Lincenberg of Weintraub Tobin unpack the controversy between Scarlett Johansson and OpenAI's Chat GPT. Explore potential legal claims and the intricacies of voice rights in AI on this episode of The Briefing.Get the full episode on the Weintraub YouTube channel here or listen to this podcast episode here. Show Notes: Scott Scarlett Johansson claims that Chat GPT's voice of Sky is her voice, or is intended to be her voice

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15:31

Another Court Gets It Right in Tattoo Copyright Dispute

The Briefing by Weintraub Tobin ·

2024/06/07

The recent decision on Hayden vs. 2K Games is a big win for video game publishers. Dive into the fascinating world of copyright disputes over tattoos in video games. Scott Hervey and Jamie Lincenberg from Weintraub Tobin discuss how this case compares to past decisions and what it means for athletes, celebrities, and the video game industry on the latest episode of “The Briefing”Get the full episode on the Weintraub YouTube channel here or listen to this podcast episode here. Show

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9:22

Paramount Splashes Top Gun Maverick Copyright Lawsuit

The Briefing by Weintraub Tobin ·

2024/05/31

Paramount triumphs in the Top Gun Maverick copyright case. Join Scott Hervey and Jamie Lincenberg of Weintraub Tobin on 'The Briefing' as they dissect the court's ruling.Get the full episode on the Weintraub YouTube channel here or listen to this podcast episode here. Show Notes: Scott Paramount was finally able to shoot down Ehud Yonay's copyright infringement lawsuit, which alleged that Top Gun Maverick, the sequel to the popular 1986 motion picture Top Gun, infringed the copyright in his

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9:42

Filmmakers Express Concern Over Impending Death of...

The Briefing by Weintraub Tobin ·

2024/05/24

Unraveling the threads of Fair Use and how recent legal rulings threaten documentary filmmakers. Join Scott Hervey and Jamie Lincenberg as they dissect the Tenth Circuit's Impact on filmmaking in this episode of 'The Briefing.'Get the full episode on the Weintraub YouTube channel here or listen to this podcast episode here. Show Notes: Scott Leading up to the Supreme Court's decision in Andy Warhol Foundation versus Goldsmith, there was significant concern by documentary filmmakers about

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7:59

Netflix Defamation Lawsuit About Inventing Anna – Not...

The Briefing by Weintraub Tobin ·

2024/05/17

Update on Rachel Williams' defamation lawsuit against Netflix's "Inventing Anna." Weintraub lawyers Scott Hervey and Jamie Lincenberg discuss the recent court ruling as a warning for docudrama producers on "The Briefing." Get the full episode on the Weintraub YouTube channel here or listen to this podcast episode here. Show Notes: Scott We have an update on the defamation lawsuit brought by Rachel Williams, the Vanity Fair photo editor whose friendship with Anna Delvey, who passed herself off

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13:59

Brandy Melville Doubles Down Against Redbubble

The Briefing by Weintraub Tobin ·

2024/05/10

The ongoing dispute between Brandy Melville and Redbubble over trademark and copyright infringement continues. Despite previous setbacks, Brandy Melville has filed a new lawsuit against Redbubble, alleging the sale of counterfeit products and copyright infringement. Scott Hervey and Jamie Lincenberg from Weintraub Tobin explore the history of the dispute, the claims made in the new complaint, and potential legal strategies moving forward. Get the full episode on the Weintraub YouTube channel here or

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13:05

How “knockoff” Furniture Landed Kim Kardashian in an...

The Briefing by Weintraub Tobin ·

2024/05/03

Kim Kardashian faces a lawsuit from the Donald Judd Foundation for allegedly using and promoting knockoff furniture in her office tour video. While Kardashian's counsel denies liability, the case underscores the importance of due diligence in endorsements. Scott Hervey and Jamie Lincenberg from Weintraub Tobin dissect the legal drama in this installment of “The Briefing.”Get the full episode on the Weintraub YouTube channel here or listen to this podcast episode here. Show Notes: Jamie

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11:47

Authors Get Mixed Results with Initial Skirmish in...

The Briefing by Weintraub Tobin ·

2024/04/26

Delve into the complexities of vicarious infringement and DMCA violations in AI training. Scott Hervey and James Kachmar from Weintraub Tobin dissect the recent district court ruling on OpenAI's copyright infringement allegations on this installment of “The Briefing.” Watch this episode on the Weintraub YouTube channel here or listen to this podcast episode here. Show Notes: Scott As we have previously reported, in 2023, several authors, including the comedian Sarah Silverman, filed putative

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6:20

Tennessee’s ELVIS Act Isn’t What You Think

The Briefing by Weintraub Tobin ·

2024/04/19

ELVIS Act —Breaking down the Ensuring Likeness, Voice, and the Image Security Act of 2024. Scott Hervey and James Kachmar from Weintraub Tobin discuss its impact on AI audio technology and how it protects musicians in the next installment of “The Briefing.”Watch this episode on the Weintraub YouTube channel here or listen to this podcast episode here. Show Notes: Scott: Tennessee's ELVIS Act isn't what you think. The acronym stands for Ensuring Likeness, Voice, and the Image Security Act of

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