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The Briefing by Weintraub Tobin

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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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Episodes

YouTube Removes 150 Videos from Popular AniTuber’s Channel

In this episode of The Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright dispute which led to the removal of three years worth of content from a popular anime YouTuber's channel. Watch this episode on the Weintraub YouTube channel, here.

Jan 12, 202210 minSeason 1Ep. 51

Jack in the Box Pops a Spring Over Mascot Trademark Dilution

In this episode of the Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark dispute between Jack in the Box and cryptocurrency marketplace FTX. Jack in the Box claims that FTX's new mascot is too similar to theirs. Watch this episode on the Weintraub YouTube channel, here.

Dec 03, 202112 minSeason 1Ep. 45

DMCA: The Right to Repair and More New Exemptions

In this episode of the Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss the U.S. Copyright Office's new exemptions to the DMCA. Watch this episode on the Weintraub YouTube channel, here.

Nov 24, 20218 minSeason 1Ep. 44

Embed at Your Own (Copyright) Risk

In this episode of the Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright lawsuit against Buzzfeed over its practice of embedding images from social media pages into their website. Watch this episode on the Weintraub YouTube channel, here.

Nov 18, 20218 minSeason 1Ep. 43

A Spooky Copyright Decision for Producers of Friday the 13th Franchise

As Scott Hervey mentioned on the IP Law Blog, a much-anticipated copyright reversion case involving the slasher franchise, Friday the 13th was decided. In this episode of the Briefing by the IP Law Blog, Scott and Josh Escovedo dive deeper into the lawsuit. Watch this episode on the Weintraub YouTube channel, here. Read more about the case on the IP Law Blog, here.

Oct 29, 202110 minSeason 1Ep. 40

Don’t Scream: Copyright Infringement Case Finds for “Scary Terry” Rozier

In this episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright dispute between professional basketball player Terry Rozier III and holiday product manufacturer, Easter Unlimited, over his use of the iconic ghost mask from the horror film, "Scream." Watch this episode on the Weintraub YouTube channel, here.

Oct 22, 20217 minSeason 1Ep. 39

Court Melts Ice Cube’s Trademark Lawsuit against Robinhood + Update

This week on the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a dispute between rapper Ice Cube and Robinhood over the trading app’s use of Ice Cube’s image in a newsletter. Watch this episode on the Weintraub YouTube channel, here.

Oct 15, 202112 minSeason 1Ep. 38

Naming Rights for LA Clippers Dome: FinTech Steps Intuit

This week on the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the naming rights agreement between the Los Angeles Clippers and Intuit whereby the Clippers agreed to name their new $1.8 billion arena in Inglewood, California, the Intuit Dome. Watch this episode on the Weintraub YouTube channel, here.

Oct 07, 20214 minSeason 1Ep. 37

Keeping an Eye on Warby Parker Adwords Trademark Infringement Lawsuit

This week on The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark infringement lawsuit filed by 1-800 Contacts that accuses Warby Parker of buying search-engine keywords for "1-800 Contacts" to misdirect customers to its competing online store. Watch this episode on the Weintraub YouTube channel, here.

Sep 30, 20215 minSeason 1Ep. 36

Could a Trademark Search Have Saved ‘The Cleveland Indians’ Botched Rebrand?

In this week’s episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Cleveland Indian’s attempt to rebrand as the Cleveland Guardians, and the complications that arose surrounding the new trademark. Watch the episode on the Weintraub YouTube channel, here.

Sep 23, 20218 minSeason 1Ep. 35

San Diego Gulls’ Wings Clipped in Dispute Over Logo Copyright

In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss an intellectual property dispute between the San Diego Gulls Hockey Club and ECHL, Inc. Watch the full episode on the Weintraub YouTube channel, here.

Sep 17, 20217 minSeason 1Ep. 34

Could Netflix Be Liable in “When They See Us” Defamation Case?

In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a defamation lawsuit filed by a former Manhattan prosecutor against Netflix over her portrayal in the “When They See Us” series. Watch the full episode on the Weintraub YouTube channel, here.

Sep 09, 202117 minSeason 1Ep. 33

Prince Estate Wants Winery’s ‘Purple Rain’ Trademark Back in the Bottle

In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a legal dispute between the Prince estate and an Ohio-based winery over the rights to the trademark “Purple Rain.” Watch the video episode on the Weintraub YouTube channel, here.

Sep 02, 20219 minSeason 1Ep. 32

Dealmaking Pitfalls in NCAA’s New NIL Policy

In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the NCAA’s recent policy change which allows college athletes to monetize their NIL, as well as potential downsides to the new policy. Watch the full episode on the Weintraub YouTube channel, here.

Aug 26, 20217 minSeason 1Ep. 31

NCAA Erects Challenge to ‘Vasectomy Mayhem’ Trademark

In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the NCAA’s decision to petition a trademark held by a urology office due to its alleged likeness to its own trademarks, ‘March Mayhem’ and ‘March Madness.’ Watch the video version of this episode on Weintraub's YouTube channel, here.

Aug 20, 20218 minSeason 1Ep. 30

Tattoos, Videogames, and Lawsuits: Who Owns the Copyright on Athletic Ink?

In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss lawsuits over identifiable tattoos on professional athletes featured in video games, and who owns the copyright to body art. Watch the video version of this episode on the Weintraub YouTube channel here. Cases discussed: Solid Oak Sketches, LLC v. 2K Games, Inc. Alexander v. Take-Two Interactive Software, Inc. Bill Graham Archives v. Dorling Kindersley, Ltd. Darabont v. AMC Network Entm’t, LLC...

Aug 12, 202110 minSeason 1Ep. 29

Dr. Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part Two, Trademark)

In this week's episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Ninth Circuit ruling on the trademark aspects of Dr. Seuss "mashups." Watch the video version of this episode on the Weintraub YouTube channel here. Listen to part one of this topic here. Watch the video version of part one here. Cases discussed: Dr. Seuss Enterprises v. Penguin Books USA Dr. Seuss Enterprises v. Comic Mix LLC Mattel Inc. v. MCA Records Inc. VIP Products LLC v. Jack Daniels Prop...

Aug 06, 20215 minSeason 1Ep. 28

Dr. Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part One, Copyright)

In this week's episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Ninth Circuit ruling on the copyright aspects of Dr. Seuss "Mashups." Watch the video of this episode on the Weintraub YouTube channel here. Listen to part two of this topic here. Watch part two of this topic here. Cases discussed: Dr. Seuss Enterprises v. Penguin Books USA Dr. Seuss Enterprises v. Comic Mix LLC

Aug 05, 202112 minSeason 1Ep. 27

Don’t Film So Close to Me: Can Copyrighted Music Keep Vids of Police Encounters Off The Internet?

In this week's episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss recent news stories reporting that police officers played copyrighted music during filmed encounters, ostensibly to keep the videos from being uploaded to the Internet. Scott and Josh discuss how copyright law, the DMCA, and fair use apply to this tactic. Watch the video of this episode on the Weintraub YouTube channel, here. Scott's article on this topic on the IP Law Blog can be read here. Case di...

Jul 30, 20219 minSeason 1Ep. 26

Bonus Olympic Episode: IOC Gets Gold in Trademark Enforcement

In this bonus episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the stringent trademark enforcement protection for Olympic symbols, words, and phrases as well as recent lawsuits that have reinforced that protection. Watch the video version of this episode on Weintraub's YouTube channel, here. Lawsuits discussed: San Francisco Arts & Athletics, Inc. v United States Olympic Committee USOPC v Puma

Jul 29, 20217 minSeason 1Ep. 25

Space Erotica Flick Not Infringed by Black Mirror

This week on the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the copyright lawsuit over a Black Mirror episode starring Miley Cyrus, the plot of which filmmaker Geoffrey Blair Hajim said was lifted from his film Strange Frame: Love and Sax. Watch the episode on the Weintraub YouTube channel, here.

Jul 23, 202110 minSeason 1Ep. 24

Nike Threatens Fire & Brimstone Over Satanic Custom Shoe Makers

In this week's episode of The Briefing by The IP Law Blog, attorneys Scott Hervey and Josh Escovedo discuss the trademark litigation between Nike and a custom shoe maker, MSCHF (pronounced "Mischief"). In Nike Inc. v MSCHF Product Studio, Inc. Nike sued MSCHF over unauthorized versions of the Nike Air Max 97 featuring satanic imagery. The shoes were tied into marketing by Rapper Lil Nas X, and all 666 pairs created by MSCHF were sold. View the video recording of this episode on the Weintraub Tob...

Jul 13, 202115 minSeason 1Ep. 23
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