The IP Law Blog

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. break down the four main categories of intellectual property and explain why protecting these assets is critical to a company’s long-term value. They cover: How trademarks, patents, copyrights, and trade secrets protect different types of business assets Why ownership, registration, and written agre…

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler discuss the legal rules governing talent representation and explain why the distinction between a manager and an unlicensed talent agent can have significant consequences for artists and their representatives. They cover: What constitutes “procurement” under California’s Talent Agencies Act Why a representativ…

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. return to copyright fundamentals and explain how these rules affect creators, businesses, developers, filmmakers, and anyone commissioning creative work. They cover: What copyright protects and the requirements for originality and fixation Who owns commissioned work and why payment alone may not tra…

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara J. Sattler break down Cesari S.R.L. v. Peju Province Winery L.P., a long-running dispute involving the LIANO and LIANA wine marks. The Second Circuit vacated a judgment against Peju after finding that the earlier Trademark Trial and Appeal Board decision did not consider how the companies actually used their marks in …

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara J. Sattler break down the Supreme Court’s decision in Cox Communications v. Sony Music Entertainment, which reversed a $1 billion judgment against the internet service provider. They discuss: – Why knowledge that customers are infringing copyrights is not enough to establish contributory liability – How inducement and…

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler discuss what the law requires, which advertisements may be exempt, and how brands and agencies should approach compliance. They cover: When advertisers must conspicuously disclose the use of a synthetic performer How exemptions for expressive works, audio-only ads, and language translation may apply Practical …

In this episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Matt Sugarman discuss SAG-AFTRA’s new 2026 TV/Theatrical Agreement and the updated AI provisions shaping the future of entertainment production. In this episode, they cover: What the new agreement says about digital replicas and synthetic performers How consent, compensation, and notice requirements may affect actors and p…

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Matt Sugarman revisit Lil’ Joe Records, Inc. v. Ross after the Eleventh Circuit reversed the district court’s ruling in favor of 2 Live Crew. The decision turns on a key bankruptcy issue: whether a copyright termination interest that was never scheduled in a Chapter 7 case remains property of the bankruptcy estate. In this…

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. break down Patagonia’s trademark lawsuit against drag performer and environmental activist Pattie Gonia. They discuss the trademark claims, the First Amendment defenses, and the broader question of whether filing the lawsuit was the right strategic move. They cover: Why Patagonia is challenging Patt…

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler discuss the court’s ruling, where Brandy Melville’s trademark claims fell short, and whether a different trademark argument could have changed the outcome. They cover: Tune in for a clear look at where copyright protection ends and trademark law begins. Watch this... Continue Reading

Pepperdine has used the “Waves” name for its athletic teams since 1937. Netflix’s Running Point also features a fictional basketball team called the Waves. In this episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Tara Sattler break down Pepperdine’s trademark lawsuit against Netflix, the ruling on Netflix’s motion to dismiss, and what the... Continue Reading

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Jessica Marlow break down UMG Records v. Last Brand, the lawsuit targeting Quince’s alleged use of unlicensed music across social media marketing. In this episode, they cover: For brands, agencies, and influencer marketing teams, this case is a reminder that viral content still... Continue Reading

Did the courts just preserve documentary filmmaking as we know it? In this episode of The Briefing, Weintraub Tobin Partner Scott Hervey and Associate Caroline M. Korpiel revisit the Tiger King fair use dispute and break down the Tenth Circuit’s new opinion in Whyte Monkee Productions v. Netflix. In this episode, they cover: Whether you’re... Continue Reading

What happens when your AI assistant can act for you, but the platform says no? In this episode of The Briefing, Scott Hervey and Richard D. Buckley, Jr. break down the high-stakes dispute between Amazon and Perplexity AI over AI agents accessing password-protected user accounts. In this episode, they cover: – What “agentic AI” means... Continue Reading

Can sending a cease-and-desist letter land you in court across the country? In this episode of The Briefing, Scott Hervey and Richard D. Buckley, Jr. break down a major Eleventh Circuit decision involving the Frida Kahlo brand and the risks tied to aggressive IP enforcement. In this episode, they cover: Tune in for a clear... Continue Reading

Can a five word phrase be worth millions? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Matt Sugarman break down the high stakes trademark dispute between Las Vegas performer Maren Flagg and Taylor Swift over the phrase “The Life of a Showgirl.” In this episode, they cover: – Whether a phrase... Continue Reading

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: Tune in for a clear look at... Continue Reading

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:... Continue Reading

A recent decision from the Southern District of New York offers one of the most detailed modern analyses of substantial similarity in the increasingly popular young adult fantasy/“romantasy” space. The case arose from a dispute between an unpublished author and the creator of a commercially successful paranormal romance series. The plaintiff alleged that her manuscripts—shared... Continue Reading

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: Tune in for a clear look at where copyright law draws... Continue Reading