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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:
    Taylor Swift, Trademark Law, and the Fight Over ‘Life of a Showgirl’ Apr 17, 2026
    Show notes

    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 can function as a protectable trademark or just a descriptive title

    – How the Rogers test applies to tour names and merchandise

    – What recent Supreme Court rulings mean for First Amendment defenses in trademark law

    From concert tours to commercial merch, the line between branding and expression is getting harder to define. Tune in for a clear look at where trademark law meets the First Amendment.

    March Madness or Trademark Madness? The NCAA v. DraftKings Lawsuit Apr 10, 2026
    Show notes

    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:

    • What nominative fair use actually means and how courts apply it
    • Why DraftKings says its use of “March Madness” is necessary for bettors
    • How the NCAA argues the use creates false association and brand harm

    Tune in for a clear look at where trademark law meets sports betting.

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

    Lemon Pound Cake and the First Amendment Apr 03, 2026
    Show notes

    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:

    • Why the deputies’ defamation claims failed under the “actual malice” standard
    • How satire and parody shape what counts as a statement of fact
    • Why the lack of an anti-SLAPP law in Ohio changed the entire case strategy

    Tune in for a clear look at where defamation law meets satire and the First Amendment.

    Vampires, Love Triangles, but No Infringement Mar 27, 2026
    Show notes

    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:

    – Why common genre tropes like love triangles, supernatural powers, and chosen one narratives are not protectable

    – How courts filter out unprotectable elements using the “more discerning ordinary observer” test

    – Why combining familiar elements is not enough to prove copyright infringement

    Tune in for a clear look at where copyright law draws the line between inspiration and infringement.

    The Sound of a Lawsuit – David Greene vs Google NotebookLM Mar 20, 2026
    Show notes

    When does an AI voice become your voice? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard Buckley break down the lawsuit filed by longtime broadcaster David Greene against Google over its NotebookLM tool and its eerily familiar AI-generated voice.

    In this episode, they cover:

    • What Greene must prove to win a Right of Publicity claim
    • How Midler and Waits shape the legal standard for voice imitation
    • Why Google’s training data and “knowing use” will be key to the case
    • From forensic voice analysis to AI training practices, this case raises major questions about identity, ownership, and emerging technology.

    Tune in for a clear look at where the right of publicity meets artificial intelligence

    No Paper, No Standing: Kanye West, Copyright Transfers, and the Writing Requirement Mar 13, 2026
    Show notes

    What happens when artists agree to transfer rights to a musical composition but never put that transfer in writing? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Jessica R. Corpuz break down a federal court decision arising from a copyright dispute tied to Ye’s Donda album. The case turned on a simple but unforgiving rule of copyright law: without a written assignment, you do not own the copyright and you cannot enforce it.

    In this episode, they cover:

    • Why Section 204(a) of the Copyright Act requires copyright transfers to be in writing
    • The legal difference between composition copyrights and sound recording copyrights
    • How the lack of a written assignment wiped out most of the plaintiff’s infringement claims

    Tune in for a clear reminder that in copyright law, if it is not in writing, it may as well not exist.

    Vetter v. Resnik: When Copyright Termination Goes Global Feb 28, 2026
    Show notes

    What happens when an artist terminates a decades-old copyright grant under U.S. law, but the work is still being exploited around the world? In this episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Matt Sugarman break down the Fifth Circuit’s decision in Vetter v. Resnik and what it means for worldwide copyright grants. In this episode, they discuss:

    • Whether termination under 17 U.S.C. § 304(c) can recapture foreign exploitation rights
    • Why the Fifth Circuit parted ways with California cases like Siegel v. Warner Bros.
    • The difference between ownership disputes and extraterritorial infringement claims
    • How this ruling impacts publishers, studios, catalog buyers, and global licensing strategies
    • If termination can unwind a worldwide grant, the leverage shift for authors and heirs could be significant.

    Tune in for a clear look at how copyright termination.

    Skechers, TikTok, and Khaby Lame: Is Barrett Wissman Potentially Liable? Feb 28, 2026
    Show notes

    Can an arbitration provider force someone into arbitration who never signed the contract? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. break down the high-profile dispute involving Skechers, global influencer Khaby Lame, his management company KBL Services, and talent manager Barrett Wissman. At the center of the fight is a critical question of arbitration law: does the American Arbitration Association have jurisdiction over a non-signatory?

    In this episode, they discuss:

    • When non-signatories can be compelled to arbitrate
    • Alter ego and veil piercing theories
    • Agency law and representative capacity
    • Whether the AAA can administer arbitration against someone who never agreed to it
    • Strategic litigation choices when challenging arbitrability

    If you handle contracts, endorsement agreements, arbitration clauses, or business disputes, this episode offers important insight into the limits of consent in arbitration.

    Kat Von D, Miles Davis, and the Possible Death of the Intrinsic Test? Feb 20, 2026
    Show notes

    When a jury says two works are not substantially similar, is that the end of the story? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. break down the Ninth Circuit’s decision arising from the Kat Von D tattoo of an iconic Miles Davis photograph and why it may signal the beginning of the end for the intrinsic test in copyright law.

    In this episode, they cover:

    • How the Ninth Circuit’s two-part substantial similarity test works
    • Why the jury’s finding was nearly impossible to overturn on appeal
    • The concurring opinions calling the intrinsic test legally incoherent
    • How other circuits analyze substantial similarity differently
    • What a reworked test could look like going forward

    Whether you are a creator, lawyer, or rights holder, this case highlights a potential turning point in how courts evaluate copyright infringement.

    Part Two: CCPA’s New Rules on Risk Assessments and Cybersecurity Audits Feb 13, 2026
    Show notes

    California privacy law has entered a new phase. In Part Two of this two-part episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Richard Buckley break down the CCPA’s new requirements for Risk Assessments and Cybersecurity Audits.

    In this episode, they cover:

    • When Risk Assessments are required and what they must evaluate
    • How businesses must weigh operational benefits against privacy risks
    • Who must be involved in conducting Risk Assessments and when
    • When Cybersecurity Audits are triggered and what they must include
    • What businesses must submit to the California Privacy Protection Agency

    Tune in for part two on how a clear look at how California privacy law is turning AI compliance into an operational requirement.

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