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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

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.

en-US

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

en-US

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

en-US

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

en-US

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

en-US

17:40

Soup for Change: Campbell’s Sues a Congressional...

The Briefing by Weintraub Tobin ·

2025/11/22

In this episode of The Briefing, Scott Hervey and Richard Buckley break down Campbell Soup Co. v. Campbell for Congress, the lawsuit over a political candidate’s “Soup4Change” slogan and AI-generated soup can design. They cover the backstory, the trademark and First Amendment arguments, and how the Hershey case may influence the court’s view of political campaign branding. Tune in for a clear look at where trademark law meets political speech.Watch this episode on YouTube.

en-US

23:17

Reboot or Not? The Battle Between ER’s Creator and...

The Briefing by Weintraub Tobin ·

2025/11/14

After losing its anti-SLAPP motion, Warner Bros. has appealed in Roadrunner JMTC LLC v. Warner Bros. Television, the lawsuit brought by Michael Crichton’s estate claiming the new series The Pitt is an unauthorized derivative of ER.In this episode of The Briefing, Weintraub Tobin attorneys Scott Hervey and Tara Sattler discuss: The background behind the ER “freeze clause” Warner Bros.’ First Amendment arguments under California’s anti-SLAPP statute The battle over what “derivative work”

en-US

15:23

Tyrrell Winston v. NBA: When Artistic Style Becomes...

The Briefing by Weintraub Tobin ·

2025/11/07

When artistic identity meets corporate branding, where does copyright law draw the line?In a new episode of The Briefing, Scott Hervey and Richard Buckley discuss the lawsuit filed by artist Tyrrell Winston against the New Orleans Pelicans. Winston—whose distinctive sculptures of deflated basketballs arranged in grids have been exhibited worldwide and licensed by brands like Nike, Adidas, and even NBA teams—claims the Pelicans copied his signature style in a social media campaign. His

en-US

11:15

When Consent Isn’t Enough – The TTAB’s Decision in In...

The Briefing by Weintraub Tobin ·

2025/10/31

A consent agreement can be a powerful tool to overcome a USPTO likelihood-of-confusion refusal—but only if it’s done right.In this episode of The Briefing, Weintraub Tobin attorneys Scott Hervey and Richard Buckley discuss the TTAB’s precedential decision in In re Ye Mystic Krewe of Gasparilla, where the Board rejected a one-page consent agreement as a “naked consent” insufficient to overcome a Section 2(d) refusal. They unpack: The history of the GASPARILLA application Why the

en-US

16:01

Protecting Fictional Characters: Copyright and...

The Briefing by Weintraub Tobin ·

2025/10/24

Can a car, a superhero, or even a cartoon sidekick be protected by copyright? In this episode of The Briefing, Scott Hervey and Matt Sugarman break down how fictional characters earn legal protection — and when they don’t.From DC Comics v. Towle (the “Batmobile” case) to Carroll Shelby Licensing v. Halicki (the “Eleanor” case), Scott and Matt explore the three-part test for character copyrightability, how trademark rights can extend protection, and what creators and studios can do to

en-US

10:37

The Nirvana Baby Lawsuit – A Win for Nirvana

The Briefing by Weintraub Tobin ·

2025/10/17

A federal court has granted summary judgment for Nirvana, dismissing Spencer Elden’s claim that the Nevermind album cover — depicting him as a baby — constituted child pornography. In this episode of The Briefing, Scott Hervey and James Kachmar revisit their earlier coverage of the Ninth Circuit’s decision and unpack how the district court’s final ruling turned on artistic intent and context rather than perception.Tune in to learn how the court applied the Dost factors, what this ruling means

en-US

18:47

Studios Beware: The Danger of the Beauty and the...

The Briefing by Weintraub Tobin ·

2025/10/10

Disney faced a copyright lawsuit over the use of MOVA facial-capture software in Beauty and the Beast. A jury found Disney vicariously liable, the district court threw out the verdict, but the Ninth Circuit has now reinstated it. In this episode of The Briefing, Scott Hervey and Tara Sattler discuss:● The facts behind Disney’s use of VFX vendor DD3 and the disputed MOVA software ● Why the district court found no “practical ability” for Disney to control its vendor ● How the Ninth Circuit

en-US

12:22

George Santos vs. Jimmy Kimmel: Why the 2nd Circuit...

The Briefing by Weintraub Tobin ·

2025/10/03

Former Congressman George Santos sued Jimmy Kimmel after the late-night host used Cameo videos in a comedy segment called “Will Santos Say It?” Santos claimed copyright infringement and fraud, but both the District Court and the Second Circuit said Kimmel’s use was fair use. In this episode of The Briefing, Scott Hervey and Tara Sattler break down:● How Kimmel obtained the videos using fake Cameo accounts ● Why the District Court dismissed Santos’s case ● How the Second Circuit

en-US

16:51

Neil Young vs. Chrome Hearts: When Rock Meets Runway...

The Briefing by Weintraub Tobin ·

2025/09/26

Neil Young vs. Chrome Hearts — What happens when a rock legend collides with a luxury fashion powerhouse? Chrome Hearts has filed suit against Neil Young, claiming his new band “Neil Young and the Chrome Hearts” infringes on their famous trademarkOn this episode of The Briefing, Weintraub attorneys Scott Hervey and James Kachmar unpack the lawsuit, analyze the likelihood of confusion, and compare it to the Lady Gaga “Mayhem” case. Plus, they share practical takeaways for musicians to avoid

en-US

7:19

Anthropic Settles AI Training Case for $1.5 Billion +

The Briefing by Weintraub Tobin ·

2025/09/19

The Anthropic settlement shows just how costly copyright missteps can be in AI development. Anthropic has agreed to a $1.5B settlement after a court found that keeping a permanent library of pirated books was not fair use—even though training its AI model on those same works was.On this episode of The Briefing, Weintraub attorneys Scott Hervey and Matt Sugarman discuss the ruling, the settlement, and what it means for future copyright claims against AI companies. Show Notes: Scott: In a

en-US

23:04

Is the Bored Ape Yacht Club Trademark Claim Just...

The Briefing by Weintraub Tobin ·

2025/09/12

The Yuga Labs v. Ryder Ripps case is shaking up NFTs and trademarks. In this episode of The Briefing, Weintraub attorneys Scott Hervey and Tara Sattler unpack the Ninth Circuit’s ruling on whether NFTs count as “goods,” why the First Amendment defense fell flat, and what it all means for the future of digital asset law.Watch this episode on YouTube. Show Notes: Scott: Was the Ryder Ripps Bored Ape Yacht Club NFT series a social commentary on the popular Board Ape Yacht Club and an exposure of

en-US

17:40

Court Says “No Way” To 50 Cent’s Battle Over Skill House

The Briefing by Weintraub Tobin ·

2025/09/05

50 Cent’s two-minute cameo in the horror film "Skill House" turned into a full-blown legal battle over credits, contracts, and control. In this episode of The Briefing, Weintraub entertainment and IP attorneys Scott Hervey and Tara Sattler break down what went wrong—and what Hollywood can learn from it. Watch this episode on YouTube. Show Notes: Scott: Picture this, Curtis 50 Cent Jackson, hip hop legend and media mogul, steps on to the set of a new horror flick, Skill House. He films a quick

en-US

8:39

The Doctrine of Foreign Equivalents: What It Means...

The Briefing by Weintraub Tobin ·

2025/08/29

You came up with a clever brand name in a foreign language—great! But did you know it might be refused by the USPTO? In this episode of The Briefing, Scott Hervey and Richard Buckley break down what a doctrine is, how trademark examiners apply it, and other important considerations for choosing foreign-language marks.Watch this episode on YouTube. Show Notes: Scott: You've come up with a great brand. It's clever, it's catchy, and it's in a foreign language. But when you file for a trademark,

en-US

5:13

Publicity Rights and the Law – Using Real People in...

The Briefing by Weintraub Tobin ·

2025/08/22

Can you use a celebrity’s voice or image in your work? What about AI-generated versions? On this episode of The Briefing, Scott Hervey and Richard Buckley explore the right of publicity—how it protects names, likenesses, voices, and what happens when you cross the line.Watch this episode on YouTube. Show Notes: Scott: Can you use a celebrity's name or likeness in your film, in your podcast, or in an advertisement? Well, you shouldn't do that without understanding the right of publicity,

en-US

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

en-US

256 results

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