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The Briefing by 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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The Briefing: March Madness or Trademark Madness? The...

The Briefing by Weintraub Tobin ·

2026/04/10

Can you use “March Madness” without getting sued? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Jessica Corpuz break down the NCAA’s lawsuit against DraftKings and the high stakes fight over one of the most recognizable trademarks in sports.In this episode, they cover: What nominative fair use actually means and how courts apply it Why DraftKings says its use of “March Madness” is necessary for bettors How the NCAA argues the use creates false association and brand

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The Briefing: Lemon Pound Cake and the First Amendment

The Briefing by Weintraub Tobin ·

2026/04/03

What happens when a failed police raid turns into a music video about lemon poundcake and a $3.9 million lawsuit?In this episode of The Briefing, Scott Hervey and Richard Buckley, Jr. break down the Afroman defamation case, where surveillance footage, satire, and public officials collide under First Amendment law. In this episode, they cover: Why the deputies’ defamation claims failed under the “actual malice” standard How satire and parody shape what counts as a statement of fact Why the lack of

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Vampires, Love Triangles, but No Infringement

The Briefing by Weintraub Tobin ·

2026/03/27

What happens when two fantasy stories share the same DNA? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Matt Sugarman break down a major copyright decision involving the Crave series and what it means for substantial similarity in fiction.In this episode, they cover: – Why common genre tropes like love triangles, supernatural powers, and chosen one narratives are not protectable – How courts filter out unprotectable elements using the “more discerning

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The Sound of a Lawsuit – David Greene vs Google...

The Briefing by Weintraub Tobin ·

2026/03/20

When does an AI voice become your voice? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard Buckley break down the lawsuit filed by longtime broadcaster David Greene against Google over its NotebookLM tool and its eerily familiar AI-generated voice.In this episode, they cover: What Greene must prove to win a Right of Publicity claim How Midler and Waits shape the legal standard for voice imitation Why Google’s training data and “knowing use” will be key to the

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No Paper, No Standing: Kanye West, Copyright...

The Briefing by Weintraub Tobin ·

2026/03/13

What happens when artists agree to transfer rights to a musical composition but never put that transfer in writing? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Jessica R. Corpuz break down a federal court decision arising from a copyright dispute tied to Ye’s Donda album. The case turned on a simple but unforgiving rule of copyright law: without a written assignment, you do not own the copyright and you cannot enforce it.In this episode, they cover: Why Section

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Vetter v. Resnik: When Copyright Termination Goes Global

The Briefing by Weintraub Tobin ·

2026/02/28

What happens when an artist terminates a decades-old copyright grant under U.S. law, but the work is still being exploited around the world? In this episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Matt Sugarman break down the Fifth Circuit’s decision in Vetter v. Resnik and what it means for worldwide copyright grants. In this episode, they discuss:Whether termination under 17 U.S.C. § 304(c) can recapture foreign exploitation rights Why the Fifth Circuit parted ways with

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Skechers, TikTok, and Khaby Lame: Is Barrett Wissman...

The Briefing by Weintraub Tobin ·

2026/02/28

Can an arbitration provider force someone into arbitration who never signed the contract? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. break down the high-profile dispute involving Skechers, global influencer Khaby Lame, his management company KBL Services, and talent manager Barrett Wissman. At the center of the fight is a critical question of arbitration law: does the American Arbitration Association have jurisdiction over a non-signatory? In

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Kat Von D, Miles Davis, and the Possible Death of the...

The Briefing by Weintraub Tobin ·

2026/02/20

When a jury says two works are not substantially similar, is that the end of the story? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. break down the Ninth Circuit’s decision arising from the Kat Von D tattoo of an iconic Miles Davis photograph and why it may signal the beginning of the end for the intrinsic test in copyright law.In this episode, they cover: How the Ninth Circuit’s two-part substantial similarity test works Why the jury’s

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Part Two: CCPA’s New Rules on Risk Assessments and...

The Briefing by Weintraub Tobin ·

2026/02/13

California privacy law has entered a new phase. In Part Two of this two-part episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Richard Buckley break down the CCPA’s new requirements for Risk Assessments and Cybersecurity Audits.In this episode, they cover: When Risk Assessments are required and what they must evaluate How businesses must weigh operational benefits against privacy risks Who must be involved in conducting Risk Assessments and when When Cybersecurity Audits are

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CCPA’s New Rules on Automated Decision making...

The Briefing by Weintraub Tobin ·

2026/02/06

California privacy law has entered a new phase. In Part 1 of this two-part episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Richard Buckley breaks down California’s new CCPA regulations governing Automated Decision making Technology, or ADMT. This episode explains how the amended rules go beyond data collection and sharing to regulate how businesses use algorithms, artificial intelligence, and automated tools to make decisions about people.In this episode, they cover: What

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Why Lady Gaga Beat a Trademark Injunction Over “Mayhem”

The Briefing by Weintraub Tobin ·

2026/01/30

We previously covered the trademark lawsuit filed by Lost International against Lady Gaga over her use of “Mayhem” in connection with her album, tour, and related merchandise. Now the court has ruled, denying Lost’s motion for a preliminary injunction. In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler break down the court’s order and what it signals about the Rogers test after the Supreme Court’s Jack Daniel’s decision.In this episode, they cover: Why the

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Top Gun Cleared for Takeoff: The Ninth Circuit...

The Briefing by Weintraub Tobin ·

2026/01/23

The Ninth Circuit kicked off 2026 with a major copyright decision in the long-running Top Gun dispute, affirming summary judgment for Paramount in the lawsuit over Top Gun: Maverick. In this episode of The Briefing, Weintraub Tobin shareholders Scott Hervey and Tara Sattler break down the Ninth Circuit’s reasoning and why it matters for studios, writers, and anyone adapting real-world stories. In this episode, they cover: The background of the claim tied to the 1983 magazine article “Top

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The 2026 Forecast: Resolving Some of the...

The Briefing by Weintraub Tobin ·

2026/01/16

As 2025 fades into the rearview mirror, many of the entertainment and media industry’s biggest legal questions remain unresolved. In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler take a forward-looking approach to the cases and doctrines that could shape 2026.In this episode, they cover: The unsettled future of fair use in AI training and copyright infringement How courts are approaching lawful versus unlawful acquisition of training data The growing split

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2025 IP Resolutions Start With a Review of IP Assets...

The Briefing by Weintraub Tobin ·

2026/01/09

Your intellectual property is one of your company’s most valuable assets. Are you keeping track of it? In this episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Tara Sattler walk through why an IP checkup is a smart way to kick off the year and how businesses can safeguard their intellectual property assets.In this episode, they cover: Why regular IP audits matter for growing businesses How to track and manage trademarks, copyrights, and patents Common gaps companies overlook in

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New York Times v. Perplexity AI: Copyright,...

The Briefing by Weintraub Tobin ·

2026/01/02

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Matt Sugarman break down The New York Times v. Perplexity AI, a lawsuit that goes beyond copyright and into largely untested trademark territory. They discuss the Times’ allegations that Perplexity copied its journalism at both the input and output stages and, more significantly, that the AI attributed fabricated or inaccurate content to the Times using its trademarks. The case raises new questions about false designation of

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A Very Patented Christmas: The Quirkiest Inventions...

The Briefing by Weintraub Tobin ·

2025/12/24

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.

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Nudity Riders, Consent, and the Terrifier Lawsuit:...

The Briefing by Weintraub Tobin ·

2025/12/19

The Terrifier franchise is one of the most unlikely independent horror success stories of the last 25 years. But a new lawsuit challenges how the first film was made and raises serious questions about performer consent and on-set protections. In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Matt Sugarman break down actress Catherine Corcoran’s lawsuit against the film’s producers and what it reveals about SAG-AFTRA requirements for nudity and simulated sex scenes.In

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The Man In Black v. Coca Cola: The New Soundalike...

The Briefing by Weintraub Tobin ·

2025/12/12

Did Coca-Cola cross the line by using a Johnny Cash soundalike in its nationwide “Fan Work is Thirsty Work” campaign? In this episode of The Briefing, Weintraub Tobin attorneys Scott Hervey and Richard Buckley unpack the Cash estate’s lawsuit and what it reveals about the evolving law of soundalikes.In this episode, they cover: How Tennessee’s new Elvis Act expands protection for voices and vocal imitation Why the Cash estate is also asserting a Lanham Act false endorsement

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8:38

What Is Fair Use and Why Does It Matter? (Featured)

The Briefing by Weintraub Tobin ·

2025/12/05

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 podcast

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12:17

Turkey, Trademarks, and Thanksgiving Branding – IP...

The Briefing by Weintraub Tobin ·

2025/11/26

Who really owns your Thanksgiving traditions? In this special holiday edition of The Briefing, Weintraub Tobin partners Scott Hervey and Richard Buckley discuss how intellectual property law intersects with holiday food, recipes, and branding.They explore: Why recipes usually aren’t protected by copyright The surprising trademarks behind holiday favorites like Turducken and Tofurky How brands use trademarks, trade dress, and storytelling to own a piece of the Thanksgiving season The rise

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The Briefing by Weintraub Tobin

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