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The Briefing by Weintraub Tobin — Business
The Briefing by 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.

Latest Episodes:

Fake People, Real Ads: New York’s New Rules for AI-Generated Performers Jul 10, 2026
Show notes

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 steps brands and agencies should take, including AI audits, vendor agreements, and updated creative guidelines

Tune in for a practical look at how AI-generated spokespeople are reshaping advertising transparency and compliance.

New SAG AFTRA Contract New AI Rules and Other Changes for Actors and Producers Jul 02, 2026
Show notes

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 producers

Why entertainment attorneys should pay close attention to AI language in performer contracts

Tune in for a clear look at where AI, performer rights, and entertainment production collide.

Lil’ Joe Records v. 2 Live Crew: Bankruptcy and Copyright Termination 11th Circuit Jun 26, 2026
Show notes

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 episode, they cover:

Why the Eleventh Circuit found Mark Ross’s termination interest remained in his bankruptcy estate

How that changed the Section 203 majority vote needed to reclaim the copyrights

What the ruling means for artists, estates, catalog owners, and attorneys handling termination notices

The ruling changes the vote count under Section 203 and raises new due diligence questions for catalog reclamation projects. Tune in for a clear look at wh

Should Patagonia have sued Pattie Gonia? Trademark Enforcement, Rogers Test, and the cost of being right. Jun 19, 2026
Show notes

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 Pattie Gonia’s merchandise and trademark application

How the Rogers test and First Amendment protections may apply to expressive personas and related merchandise

What the case shows about trademark enforcement, public backlash, and litigation strategy

Tune in for a clear look at when trademark enforcement collides with parody, activism, and the First Amendment.

Brandy Melville vs. Shein: When Copying Photos Isn’t Trademark Infringement Jun 12, 2026
Show notes

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:

Why the court treated the copied photos as a copyright issue, not a trademark issue

What Brandy Melville needed to show to support its trademark claims

How brands should think about protecting product images, marketing content, and visual identity online

Tune in for a clear look at where copyright protection ends and trademark law begins.

Pepperdine’s Trademark Claim Against Netflix in “Running Point” Case Goes Under For Good Jun 05, 2026
Show notes

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 decision says about the Rogers test after Jack Daniel’s v. VIP Products.

They cover:

Why Pepperdine challenged Netflix’s use of “Waves”

How the court viewed the name in an expressive work

What the ruling means for the Rogers test after Jack Daniel’s

Tune in for a clear look at where trademark law and entertainment branding collide.

UMG v. Quince: When Trending Audio Becomes Copyright Infringement May 22, 2026
Show notes

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:

Why platform music libraries do not automatically clear commercial use

How influencer briefs, reposts, and “trending audio” can create copyright risk

What brands and creators should address in influencer agreements before content goes live

For brands, agencies, and influencer marketing teams, this case is a reminder that viral content still needs to be legally cleared. Tune in for a clear look at where music licensing meets influencer marketing, brand control, and copyright liability.

Documentary Fair Use After Warhol: The Tenth Circuit Gets It Right May 16, 2026
Show notes

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:

Why the original ruling alarmed documentary filmmakers and copyright experts

How the Tenth Circuit reconsidered fair use after Warhol v. Goldsmith

What this decision means for documentaries, biographical storytelling, and “biographical anchor” fair use

Whether you’re a filmmaker, producer, content creator, or IP professional, this episode offers important insight into the future of fair use in documentary storytelling.

Watch this episode on our YouTube or listen to the podcast here.

Amazon v. Perplexity: Can Websites Block AI Agents? May 08, 2026
Show notes

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 and how tools like Comet actually function

– Why Amazon moved quickly for a preliminary injunction

– How the CFAA and California law are being used to challenge AI-driven access

Tune in for a clear look at whether platform owners can legally fence off AI agents from interacting with their systems.

Frida Kahlo vs. The 11th Circuit – A Warning for IP Owners Everywhere May 01, 2026
Show notes

Can sending a cease-and-desist letter land you in court across the country? In this episode of The Briefing, Scott Herveyand 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:

When cease-and-desist letters cross the line into tortious conduct

How the corporate shield doctrine can fail when personal rights are asserted

Why the “effects test” can pull IP owners into out-of-state litigation

Tune in for a clear look at how a single demand letter can determine where you end up litigating.

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