
Scott Hervey
Intellectual property attorney and partner at Weintraub Tobin. Host of the podcast, The Briefing by the IP Law Blog.
Top 10 podcasts with Scott Hervey
Ranked by the Snipd community

Sep 27, 2024 • 11min
Fake Reviews, Real Consequences: Consumer Review Dos and Don’ts
Scott Hervey, an FTC regulations expert, joins Jessica Marlow, a pro in influencer marketing, to discuss the FTC's new rule against fake consumer reviews. They explore the ramifications for businesses incentivizing reviews and stress the need for transparency. The conversation highlights ethical considerations in marketing practices and the looming consequences for violating the new regulations. Tune in to learn how these changes will reshape the influencer marketing landscape and promote genuine consumer engagement.

Sep 13, 2024 • 10min
Does This Court’s Ruling Put an End to Tattoo Copyright Cases?
Scott Hervey, a legal expert on copyright issues, and Tara Sattler, a seasoned legal professional, dive into the implications of the court ruling in Hayden v. 2K Games, Inc. They analyze how this decision might signal the end of tattoo copyright cases, particularly how implied licenses come into play for public figures like LeBron James. The conversation covers the complexities of copyright in media and the need for clear consent regarding tattoo use, shedding light on the evolving legal landscape surrounding artistic rights in gaming and entertainment.

Aug 16, 2024 • 8min
Affiliate Marketing vs Retail Services – TTAB’s Landmark Ruling
Scott Hervey, a trademark attorney, and Jamie Lincenberg, an expert in trademark law, discuss a pivotal ruling by the US Trademark Trial and Appeal Board regarding the trademark 'Gabby's Table.' They explore how this decision affects affiliate marketing, stressing the importance of submitting the right specimens to validate trademark use. The conversation highlights the distinctions between affiliate marketing and direct retail services, emphasizing the need for clear evidence in trademark applications to avoid rejections. Tune in for vital insights on navigating the trademark landscape!

Jul 19, 2024 • 7min
Closing The Royalty Loophole Push for a Public Performance Right in Sound Recordings
Weintraub attorneys Scott Hervey and Jamie Lincenberg discuss the US radio royalty loophole where non-songwriter performers and labels receive no royalties. They explore the push for the American Music Fairness Act to change this, highlighting disparities in royalty payments and proposed legislation.

Jun 14, 2024 • 10min
Scarlett Johansson vs Chat GPT What the Legal Claims Would Look Like
Legal experts Scott Hervey and Jamie Lincenberg discuss Scarlett Johansson's claims against Chat GPT's voice of Sky, exploring potential legal claims and the intricacies of voice rights in AI.

Jun 7, 2024 • 16min
Another Court Gets It Right in Tattoo Copyright Dispute
Legal experts Scott Hervey and Jamie Lincenberg from Weintraub Tobin discuss the Hayden vs. 2K Games copyright dispute, highlighting the court's favorable decision for video game publishers. They explore the implications for athletes, celebrities, and the video game industry, contrasting past cases and addressing the complexities of tattoo copyright in the entertainment realm.

May 3, 2024 • 13min
How “knockoff” Furniture Landed Kim Kardashian in an IP Lawsuit
Legal experts Scott Hervey and Jamie Lincenberg discuss Kim Kardashian's lawsuit over knockoff furniture, highlighting the importance of due diligence in endorsements. The case involves allegations of trademark infringement, false endorsement, and consumer deception. The legal battle between Kardashian, the Judd Foundation, and Clemens Design underscores the complexities of protecting intellectual property rights in the furniture industry. The foundation's insistence on authenticity and the potential repercussions for endorsing counterfeit products are also explored.

Apr 26, 2024 • 12min
Authors Get Mixed Results with Initial Skirmish in OpenAI Lawsuit
Legal experts Scott Hervey and James Kachmar discuss the recent district court ruling on OpenAI's copyright infringement allegations. They explore vicarious infringement, DMCA violations, and the complexities of AI training. Authors like Sarah Silverman are embroiled in the lawsuit against OpenAI for using their works to train language models.

Apr 19, 2024 • 6min
Tennessee’s ELVIS Act Isn’t What You Think
Legal experts Scott Hervey and James Kachmar discuss Tennessee's ELVIS Act which protects musicians from AI clones. The bill safeguards a musician's voice by amending right of publicity statutes. They explore the implications on AI audio technology, civil liability, and copyright laws.

Apr 12, 2024 • 8min
Navigating the Legal Risks for Brands in Social Media Marketing – Part 2
Legal experts Scott Hervey and Jessica Marlow discuss the risks brands face in social media marketing, from FTC compliance to intellectual property violations. Topics include ad spend projections, FTC requirements for brands, and legal risks in influencer promotions. They also cover copyright infringement, trademark issues, and the importance of securing rights for online content like memes and photos.