

The Briefing by Weintraub Tobin
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.
Episodes
Mentioned books

Sep 2, 2022 • 10min
Fox Wins Another Copyright Lawsuit Over ‘Empire’ Character
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss an author’s copyright lawsuit against Fox and the producers of ‘Empire,’ alleging one of the show’s characters was inspired by her biography.
Watch this episode here.

Aug 26, 2022 • 4min
Miami Dolphins Coach Gets Sacked on Motion to Dismiss
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright infringement dispute between a sports psychologist and Miami Dolphins defensive back coach Gerald Alexander.
Watch this episode here.

Aug 19, 2022 • 13min
Unofficial Bridgerton Musical – Fair Use or Infringing Fan Fiction
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss an intellectual property dispute between Netflix and two digital content creators who wrote a musical inspired by the hit Netflix series, Bridgerton.
Watch this episode on the Weintraub YouTube channel, here.

Aug 12, 2022 • 7min
NY Court Catches Bieber Fever, Denying RHODE NYC’s Motion for Preliminary Injunction
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a Trademark Infringement Lawsuit filed by the clothing brand RHODE NYC against Hailey Beiber’s new skincare line RHODE.
Watch this episode, here.

Aug 5, 2022 • 10min
Is the Server Test Ready for a Reboot?
In this episode of The Briefing by the IP Law Blog, Weintraub attorneys Scott Hervey and Josh Escovedo discuss the impact of Alexis Hunley, et al v. Instagram, LLC on copyright law, specifically on the Server Test. Considered one of the top copyright cases to watch, Hunley deals with the practice of “embedding” and its copyright implications.
Watch the video of this episode here.
Read Scott’s blog post about this case on The IP Law Blog.

Jul 29, 2022 • 8min
Seattle Space Needle Pokes at Local Coffee Shop’s Logo
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark infringement dispute between the Seattle Space Needle and a local coffee shop over the cafe’s use of the Space needle’s image in its logo.
Watch this episode on Weintraub’s YouTube channel, here.

Jul 22, 2022 • 7min
What Makes a Character Protectable Under Copyright
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright dispute between Carroll Shelby Licensing and the widow of the late filmmaker H. B. Halicki regarding copyright protection granted to Eleanor, a car featured in the 1974 film “Gone in 60 Seconds.”
Watch this episode on the Weintraub YouTube channel, here.

Jul 15, 2022 • 8min
THE Ohio State University Registers “The” as a Trademark
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss Ohio State University’s trademark registration for the word THE.
Watch this episode on the Weintraub YouTube channel here.

Jul 8, 2022 • 7min
2nd Circuit to Determine if Rogers Test Fits Shoe Trade Dress Dispute Between MISCHF and Vans
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a dispute between Vans and MSCHF, over MSCHF’s new sneaker line that contains “striking visual similarities” to Vans shoes and packaging.
Watch this episode on the Weintraub YouTube channel, here.

Jul 1, 2022 • 6min
Update – Andy Warhol Foundation Urges Supreme Court to Reverse Fair Use Decision
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the copyright dispute between a photographer and the Andy Warhol Foundation over several Warhol paintings that utilize the photographer’s images as source material.
Watch this episode on the Weintraub YouTube channel, here.