In this week's episode, attorneys Josh Escovedo and Scott Hervey discuss an update to the litigation over Andy Warhol's series of portraits of the artist Prince (Andy Warhol Foundation v Goldsmith). They provide a recap of last week's episode, which covers the Second Circuit decision in favor of Goldsmith, the photographer whose image Warhol used to create the Prince Portraits, and the holding that Warhol's renditions were not transformative enough to be fair use. That decision overturned a lowe...
Jul 09, 2021•4 min•Season 1Ep. 22
In this week's episode, attorneys Josh Escovedo and Scott Hervey discuss the litigation over Andy Warhol's series of portraits of the artist Prince (Andy Warhol Foundation v Goldsmith). Their discussion covers the Second Circuit decision in favor of Goldsmith, the photographer whose image Warhol used to create the Prince Portraits, and the holding that Warhol's renditions were not transformative enough to be fair use. The decision overturned a lower court decision in favor of the Warhol Foundati...
Jun 29, 2021•13 min•Season 1Ep. 21
In this week's episode, attorneys Scott Hervey and Josh Escovedo discuss the process of clearing titles for Film and Television shows. They discuss recent high-stakes litigation around entertainment titles, including Stouffer v. National Geographic Partners LLC, Jon Astor-White v. Daniel Strong (Empire), and the "Honey Badger" case. Watch this episode on YouTube here. Watch a previous episode of The Briefing by the IP Law Blog discussing the Empire litigation, here. Read an article Scott wrote o...
Jun 24, 2021•37 min•Season 1Ep. 20
Scott Hervey and Josh Escovedo discuss two topics in this episode of The Briefing by the IP Law Blog. First, they talk about GEO Group's defamation lawsuit against Netflix over the show "Messiah," which was just dropped. Then, at 8:20, they move on to New York's new post-mortem Right of Publicity law. Watch this episode on Weintraub Tobin's YouTube channel. For more information on the New York statute, read Scott's post on the IP Law Blog: I See Dead People...Filing Lawsuits in New York.
Jun 09, 2021•13 min•Season 1Ep. 19
In this episode of The Briefing by the IP Law Blog, Peloton petitions to establish that SPIN and SPINNING are generic terms and can't be trademarked. Josh and Scott discuss Peloton bringing a case against Mad Dogg's trademarks and how they are now generic. Watch this episode on YouTube, here. Read Scott Hervey's article about the topic on the IP Law Blog.
Mar 10, 2021•9 min•Season 1Ep. 18
In this second of two episodes on this topic, Weintraub Tobin attorneys Scott Hervey and Josh Escovedo discuss defamation lawsuits in movies and TV that deal with "Inspired by" characters. Watch this episode on Weintraub's YouTube channel, here. Listen to part one of this series here. Read Scott Hervey's blog post about this topic on the IP Law Blog.
Mar 05, 2021•10 min•Season 1Ep. 17
This episode is part one of a two-part series of The Briefing by the IP Law Blog in which Weintraub Tobin attorneys Scott Hervey and Josh Escovedo discuss defamation lawsuits in movies and TV that deal with "Inspired by" characters. Watch this episode on Weintraub's YouTube channel, here. Listen to part two of the series here. Watch part two of the series here. Read Scott Hervey's blog post about this topic on the IP Law Blog.
Mar 05, 2021•9 min•Season 1Ep. 16
In this episode of The Briefing by the IP Law Blog, Scott and Josh discuss the possible legal issues celebrities face when they post images of themselves that they did not take. Watch this episode on Weintraub's YouTube channel, here. Read Scott Hervey's article about this topic on the IP Law Blog.
Mar 05, 2021•14 min•Season 1Ep. 15
In this episode of The Briefing by the IP Law Blog, Weintraub Tobin IP attorneys Scott Hervey and Josh Escovedo discuss a recent decision by the Trademark Trial and Appeal Board involving winemaker Delicato Vineyards and a hard cider maker from Virginia. Delicato Vineyards, which owns the trademark GNARLEY HEAD for wine, opposed the registration of GNARLED ORCHARD for hard cider. Watch this episode on the Weintraub YouTube channel, here.
Mar 05, 2021•9 min•Season 1Ep. 14
In this episode of The Briefing by the IP Law Blog, intellectual property attorney Scott Hervey talks with co-host Josh Escovedo about Josh's article "The Ninth Circuit Affirms Ruling that COMIC-CON isn’t Generic for Comic Conventions." Watch this episode on Weintraub's YouTube channel, here. Read Josh's article on the IP Law Blog.
Mar 05, 2021•10 min•Season 1Ep. 13
In this episode of The Briefing by the IP Law Blog, Weintraub Tobin attorneys Scott Hervey and Josh Escovedo discuss copyright litigation around the "Jersey Boys" -- a musical and movie about The Four Seasons-- involving an unpublished biography by one of the band members. Watch this episode on Weintraub's YouTube channel, here.
Mar 05, 2021•9 min•Season 1Ep. 12
On this episode of The Briefing by the IP Law Blog, Weintraub Tobin IP attorneys Scott Hervey and Josh Escovedo discuss Josh's article "Navigating the Hazy Intersection of Federal and State Law on Cannabis and Advising Clients on Protecting Their Trademarks." Watch this episode on Weintraub's YouTube channel, here. Read the full article on The IP Law Blog, here.
Mar 04, 2021•6 min•Season 1Ep. 11
In this episode of The Briefing by the IP Law Blog, Weintraub attorneys Scott Hervey and Josh Escovedo discuss Scott's article covering the merits of filing a Short Form Copyright Assignment. Watch the video of this episode on the Weintraub YouTube channel, here. Read the full article on the IP Law Blog, here.
Mar 04, 2021•5 min•Season 1Ep. 10
In this episode of The Briefing by the IP Law Blog, Weintraub Tobin IP attorneys Scott Hervey and Josh Escovedo discuss Scott's article on a copyright dispute between a photographer and Buzzfeed. Watch the episode on Weintraub's YouTube channel, here. Read the full article on the IP Law Blog, here: "Second Circuit Frames Novel Issue of Photographer's Claim of Copyright Infringement and DMCA Violation"
Mar 04, 2021•7 min•Season 1Ep. 9
In this episode of The Briefing by the IP Law Blog, Weintraub attorneys Scott Hervey and Josh Escovedo discuss the copyright dispute over the TV show "Empire" Watch this episode on the Weintraub YouTube channel, here. Case discussed: Jon Astor-White v. Daniel Strong.
Mar 01, 2021•8 min•Season 1Ep. 7
In this episode of The Briefing by the IP Law Blog, co-hosts Scott Hervey and Josh Escovedo discuss the changes in intellectual property law stemming from the recently passed COVID-19 stimulus bill. Watch the episode on the Weintraub YouTube channel, here. Read a related article by Weintraub attorney Jessica Corpuz on the IP Law Blog.
Mar 01, 2021•5 min•Season 1Ep. 7
In this episode of The Briefing by the IP Law Blog, Weintraub Tobin IP attorneys Scott Hervey and Josh Escovedo discuss the streaming platform Twitch, which has found itself in the middle of a conflict regarding the use of music by live streamers on the platform. Watch this episode on the Weintraub YouTube channel, here.
Mar 01, 2021•8 min•Season 1Ep. 6
In this episode of The Briefing by the IP Law Blog, Weintraub IP attorneys Scott Hervey and Josh Escovedo discuss a case involving the Australian boot company UGG. Watch this episode on the Weintraub YouTube channel, here.
Feb 26, 2021•5 min•Season 1Ep. 5
Sushi Nozawa LLC, owner of the popular sushi destination Sugarfish, is challenging the HRB Experience LLC over use of the term “Hand Roll Bar.” In this episode of The Briefing by the IP Law Blog, attorneys Scott Hervey and Josh Escovedo discuss the lawsuit, including descriptive versus generic terms, secondary meaning, and the potential strategies of the parties. Watch this episode on the Weintraub YouTube channel, here.
Feb 26, 2021•8 min•Season 1Ep. 4
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss Tiffany & Co's lawsuit against Costco for selling Tiffany-like rings and using the word Tiffany on nearby signage, claiming trademark infringement and unfair business practices. Watch the episode on Weintraub's YouTube channel, here.
Feb 26, 2021•8 min•Season 1Ep. 3
In this episode of The Briefing by the IP Law Blog, Weintraub attorneys Scott Hervey and Josh Escovedo discuss Josh's article for the IP Law Blog, "Dogs, Whiskey, and Intellectual Property: Need I Say More?" Jack Daniel’s Properties, Inc. has petitioned the Supreme Court of the United States for certiorari following an unfavorable ruling from the Ninth Circuit in the matter of VIP Products LLC v. Jack Daniel’s Properties, Inc. In that case, VIP Products sued Jack Daniel’s after receiving a cease...
Feb 11, 2021•5 min•Season 1Ep. 2
In this episode of The Briefing by the IP Law Blog, Weintraub attorneys Scott Hervey and Josh Escovedo discuss NFL athlete Russell Wilson and ITU applications. Watch the episode on the Weintraub YouTube channel, here.
Feb 11, 2021•4 min•Season 1Ep. 1
