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    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.

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    Latest Episodes:
    Prince Estate Wants Winery’s ‘Purple Rain’ Trademark Back in the Bottle Sep 02, 2021
    Show notes

    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.

    Dealmaking Pitfalls in NCAA’s New NIL Policy Aug 26, 2021
    Show notes

    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.

    NCAA Erects Challenge to ‘Vasectomy Mayhem’ Trademark Aug 20, 2021
    Show notes

    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.

    Tattoos, Videogames, and Lawsuits: Who Owns the Copyright on Athletic Ink? Aug 12, 2021
    Show notes

    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
    Dr. Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part Two, Trademark) Aug 06, 2021
    Show notes

    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 Properties Inc.
    Dr. Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part One, Copyright) Aug 05, 2021
    Show notes

    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
    Don’t Film So Close to Me: Can Copyrighted Music Keep Vids of Police Encounters Off The Internet? Jul 30, 2021
    Show notes

    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 discussed: Lenz v. Universal Music Group

    Bonus Olympic Episode: IOC Gets Gold in Trademark Enforcement Jul 29, 2021
    Show notes

    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

    Space Erotica Flick Not Infringed by Black Mirror Jul 23, 2021
    Show notes

    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.

    Nike Threatens Fire & Brimstone Over Satanic Custom Shoe Makers Jul 13, 2021
    Show notes

    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 Tobin YouTube channel, here.

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