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    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:
    CCPA’s New Rules on Automated Decision making Technology (ADMT) Feb 06, 2026
    Show notes

    California privacy law has entered a new phase. In Part 1 of this two-part episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Richard Buckley breaks down California’s new CCPA regulations governing Automated Decision making Technology, or ADMT. This episode explains how the amended rules go beyond data collection and sharing to regulate how businesses use algorithms, artificial intelligence, and automated tools to make decisions about people.
    In this episode, they cover:

    • What qualifies as Automated Decision making Technology under the CCPA
    • Which automated decisions are considered “significant decisions”
    • When a business is subject to the ADMT rules
    • New notice, opt-out, and access rights for consumers, including employees and job applicants
    • Key compliance deadlines businesses need to prepare for now

    Tune in for a clear look at how California privacy law is reshaping automated decision making and AI governance.

    Why Lady Gaga Beat a Trademark Injunction Over “Mayhem” Jan 30, 2026
    Show notes

    We previously covered the trademark lawsuit filed by Lost International against Lady Gaga over her use of “Mayhem” in connection with her album, tour, and related merchandise. Now the court has ruled, denying Lost’s motion for a preliminary injunction. In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler break down the court’s order and what it signals about the Rogers test after the Supreme Court’s Jack Daniel’s decision.

    In this episode, they cover:

    • Why the court applied the Rogers test instead of the traditional Sleekcraft likelihood of confusion analysis
    • How the court treated tour merchandise tied to an expressive work under Ninth Circuit precedent
    • What “artistic relevance” means and why that prong was easily met here
    • Why “use of the mark alone” was not enough to show the use was explicitly misleading
    • How this ruling fits into the broader post Jack Daniel’s landscape, including recent Ninth Circuit developments

    Tune in for a clear look at where trademark law meets tour merchandising and First Amendment protections.

    Top Gun Cleared for Takeoff: The Ninth Circuit Affirms Paramount’s Copyright Win Jan 23, 2026
    Show notes

    The Ninth Circuit kicked off 2026 with a major copyright decision in the long-running Top Gun dispute, affirming summary judgment for Paramount in the lawsuit over Top Gun: Maverick. In this episode of The Briefing, Weintraub Tobin shareholders Scott Hervey and Tara Sattler break down the Ninth Circuit’s reasoning and why it matters for studios, writers, and anyone adapting real-world stories.

    In this episode, they cover:

    • The background of the claim tied to the 1983 magazine article “Top Guns”
    • How the Ninth Circuit applied the extrinsic and intrinsic tests for substantial similarity
    • Why historical facts and real events remain free for all to use, even when dramatic
    • The court’s focus on “protected expression” versus unprotectable ideas, facts, and genre conventions
    • Key takeaways for nonfiction adaptations, biopics, and projects inspired by true stories

    Tune in for a clear look at where copyright law draws the line between protected expression and real-world facts.

    The 2026 Forecast: Resolving Some of the Entertainment Industry’s Open Legal Issues Jan 16, 2026
    Show notes

    As 2025 fades into the rearview mirror, many of the entertainment and media industry’s biggest legal questions remain unresolved. In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler take a forward-looking approach to the cases and doctrines that could shape 2026.

    In this episode, they cover:

    • The unsettled future of fair use in AI training and copyright infringement
    • How courts are approaching lawful versus unlawful acquisition of training data
    • The growing split in AI cases involving market substitution and fair use
    • The narrowing application of the Rogers Test following the Jack Daniel’s decision
    • What pending cases could mean for filmmakers, studios, and content creators

    Tune in for a clear look at the legal issues that could define entertainment and media in 2026.

    2025 IP Resolutions Start With a Review of IP Assets (Featured) Jan 09, 2026
    Show notes

    Your intellectual property is one of your company’s most valuable assets. Are you keeping track of it? In this episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Tara Sattler walk through why an IP checkup is a smart way to kick off the year and how businesses can safeguard their intellectual property assets.

    In this episode, they cover:

    • Why regular IP audits matter for growing businesses
    • How to track and manage trademarks, copyrights, and patents
    • Common gaps companies overlook in their IP portfolios – Practical steps to protect and strengthen your IP strategy

    Tune in for a practical guide to protecting the ideas and assets that drive your business forward.

    New York Times v. Perplexity AI: Copyright, Hallucinations, and Trademark Risk Jan 02, 2026
    Show notes

    In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Matt Sugarman break down The New York Times v. Perplexity AI, a lawsuit that goes beyond copyright and into largely untested trademark territory. They discuss the Times’ allegations that Perplexity copied its journalism at both the input and output stages and, more significantly, that the AI attributed fabricated or inaccurate content to the Times using its trademarks. The case raises new questions about false designation of origin, trademark dilution, and how AI hallucinations could expose platforms to liability.

    In this episode, they cover:

    • Alleged large-scale scraping and output copying of Times content
    • How RAG systems complicate traditional copyright defenses
    • The novel use of trademark law to challenge AI hallucinations
    • False designation of origin and dilution by tarnishment claims
    • What this lawsuit could mean for AI companies that cite or brand sources

    Tune in for a clear look at where trademark law meets AI-generated misinformation.

    A Very Patented Christmas: The Quirkiest Inventions for the Holiday Season (Featured) Dec 24, 2025
    Show notes

    Get into the holiday spirit with a look at some of the most unique Christmas patents ever filed. From Santa detectors to upside-down Christmas trees, Scott Hervey and Jamie Lincenberg explore festive inventions that add a little extra cheer to the season on this episode of The Briefing.

    Watch this episode on the Weintraub YouTube channel.

    Nudity Riders, Consent, and the Terrifier Lawsuit: What Producers Must Know Dec 19, 2025
    Show notes

    The Terrifier franchise is one of the most unlikely independent horror success stories of the last 25 years. But a new lawsuit challenges how the first film was made and raises serious questions about performer consent and on-set protections. In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Matt Sugarman break down actress Catherine Corcoran’s lawsuit against the film’s producers and what it reveals about SAG-AFTRA requirements for nudity and simulated sex scenes.
    In this episode, they cover:

    • What a SAG nudity rider is and why it is legally required
    • How consent must be disclosed, documented, and respected on set
    • Why filming nudity without a signed rider can be deemed nonconsensual
    • The risks producers face when still images or footage are reused without permission
    • How intimacy coordinators and detailed riders protect both performers and productions

    This case is a reminder that nudity riders are not a formality. They are a core safeguard in film and television production.

    Tune in here for a clear look at how SAG protections, performer consent, and production liability intersect.

    The Man In Black v. Coca Cola: The New Soundalike Showdown Dec 12, 2025
    Show notes

    Did Coca-Cola cross the line by using a Johnny Cash soundalike in its nationwide “Fan Work is Thirsty Work” campaign? In this episode of The Briefing, Weintraub Tobin attorneys Scott Hervey and Richard Buckley unpack the Cash estate’s lawsuit and what it reveals about the evolving law of soundalikes.

    In this episode, they cover:
    • How Tennessee’s new Elvis Act expands protection for voices and vocal imitation
    • Why the Cash estate is also asserting a Lanham Act false endorsement claim
    • How Midler v. Ford and Waits v. Frito-Lay continue to shape soundalike disputes
    • The line between imitating a musical “style” and misappropriating a distinctive voice
    • What brands and agencies should consider before using tribute artists or AI vocals
    Tune in here for a clear look at where right of publicity, soundalike law, and advertising practice collide.
    What Is Fair Use and Why Does It Matter? (Featured) Dec 05, 2025
    Show notes

    Creators, beware: just because it’s online doesn’t mean it’s fair game. In this episode of The Briefing, Scott Hervey and Richard Buckley break down one of the most misunderstood areas of copyright law—fair use.

    In this episode, they cover:

    • What makes a use “transformative”?
    • Why credit alone doesn’t protect you
    • How recent court rulings (Warhol v. Goldsmith) are changing the game
    • Tips to stay on the right side of the law

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

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