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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

Is the Server Test Ready for a Reboot?

In this episode of The Briefing by the IP Law Blog, Weintraub attorneys Scott Hervey and Josh Escovedo discuss the impact of Alexis Hunley, et al v. Instagram, LLC on copyright law, specifically on the Server Test. Considered one of the top copyright cases to watch, Hunley deals with the practice of "embedding" and its copyright implications. Watch the video of this episode here. Read Scott's blog post about this case on The IP Law Blog.

Aug 05, 202210 minSeason 1Ep. 80

Seattle Space Needle Pokes at Local Coffee Shop’s Logo

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark infringement dispute between the Seattle Space Needle and a local coffee shop over the cafe's use of the Space needle's image in its logo. Watch this episode on Weintraub's YouTube channel, here.

Jul 29, 20228 minSeason 1Ep. 79

What Makes a Character Protectable Under Copyright

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright dispute between Carroll Shelby Licensing and the widow of the late filmmaker H. B. Halicki regarding copyright protection granted to Eleanor, a car featured in the 1974 film "Gone in 60 Seconds." Watch this episode on the Weintraub YouTube channel, here.

Jul 22, 20227 minSeason 1Ep. 78

THE Ohio State University Registers “The” as a Trademark

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss Ohio State University's trademark registration for the word THE. Watch this episode on the Weintraub YouTube channel here.

Jul 15, 20228 minSeason 1Ep. 77

Update – Andy Warhol Foundation Urges Supreme Court to Reverse Fair Use Decision

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the copyright dispute between a photographer and the Andy Warhol Foundation over several Warhol paintings that utilize the photographer’s images as source material. Watch this episode on the Weintraub YouTube channel, here.

Jul 01, 20226 minSeason 1Ep. 75

Top Gun Maverick – Right Into The Copyright Lawsuit Zone

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright dispute, in which the heirs of the author who inspired the movie "Top Gun" claim that the film's sequel infringes on their copyright to the story. Watch this episode on the Weintraub YouTube channel, here.

Jun 24, 20228 minSeason 1Ep. 74

What The Settlement of Ratajkowski/Paparazzi Copyright Lawsuit Means For Fair Use

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the copyright infringement dispute between a paparazzo and Emily Ratajkowski, and discuss the settlement's implications for Fair Use. Watch this episode on the Weintraub YouTube channel, here.

Jun 17, 202211 minSeason 1Ep. 73

Judge Throws a Flag on the Play in USFL IP Litigation

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the dispute between the original USFL and Fox, over the network's attempt to revive the football league. Watch this episode on the Weintraub YouTube channel, here.

Jun 10, 20227 minSeason 1Ep. 72

Senator Hawley Targets Disney with So-Called Copyright Reform Bill

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss Senator Josh Hawley's proposed copyright bill and its implications for the Walt Disney Company. Watch this episode on the Weintraub YouTube channel, here.

May 27, 20227 minSeason 1Ep. 70

An Idea Doesn’t Have to be Novel to be Stolen (In California)

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss idea theft claims in California and whether the issue of novelty can be an element of the case. Watch this episode on the Weintraub YouTube channel, here.

May 20, 202214 minSeason 1Ep. 69

The Case of the Stolen Ampersand and the (Non)Protectability of Fonts

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss an intellectual property dispute between a typeface designer and Banana Republic, over the retailer's use of a stylized ampersand design. Watch this episode on the Weintraub YouTube channel, here.

Apr 29, 20226 minSeason 1Ep. 66

March Madness Marketing Rebounds With a New Twist

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss how marketing practices changed for the March Madness tournament this year, and what that meant for athletes. Watch this episode on the Weintraub YouTube channel, here.

Apr 15, 20225 minSeason 1Ep. 64

Cookie Co’s Motion to Dismiss Trademark Lawsuit by Restaurant Crumbles

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark dispute between a restaurant and a craft cookie maker, over the use of similar marks for cookies. Watch this episode on the Weintraub YouTube channel, here.

Mar 31, 202212 minSeason 1Ep. 62

Heirs of Evel Knievel Clearly Do Not Have a Friend in Disney

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedodiscuss a dispute between the heirs of Evel Knievel and Disney, over claims of similarities between the late daredevil and the “Toy Story 4” character Duke Caboom. Watch this episode on the Weintraub YouTube channel, here.

Mar 25, 20228 minSeason 1Ep. 61

Hermès Attempts to Bag Digital Creator Selling MetaBirkin NFTs

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a Trademark dispute between luxury retailer Hermès and a digital artist over his creation of Birkin Bag NFTs. Watch this episode on the Weintraub YouTube channel, here.

Mar 17, 20226 minSeason 1Ep. 60

Copyright Office Rejects Application for A.I. Created Art Work

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the U.S. Copyright Office's refusal to register a copyright for a piece of artwork created by Artificial Intelligence. Watch this episode on the Weintraub YouTube channel, here.

Mar 10, 202211 minSeason 1Ep. 59

If a Photograph is Infringed But No One Sees it, is it Still Infringement?

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a photographer's copyright infringement lawsuit against a travel website that stored his image on a webpage where it's unlikely to be viewed by the public. Watch this episode on the Weintraub Youtube channel, here.

Feb 24, 202211 minSeason 1Ep. 57

Sponsored Post Lands Beauty Influencer in Trademark Infringement Lawsuit

In this episode of The Briefing from by IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark infringement lawsuit that was filed against a beauty influencer for a sponsored post she shared on social media. Watch this episode on the Weintraub YouTube channel, here.

Feb 10, 20225 minSeason 1Ep. 55

Jack’s Lawsuit Against FTX is Back in the Box

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the legal dispute between fast-food chain Jack in the Box and cryptocurrency exchange FTX. Watch this episode on the Weintraub YouTube channel, here.

Feb 01, 20223 minSeason 1Ep. 54

Copyright Cases to Watch in 2022

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo talk about copyright cases to look out for in 2022. Watch this episode on the Weintraub YouTube channel, here.

Jan 27, 20228 minSeason 1Ep. 53
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