
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.
Latest episodes

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.

Jun 24, 2022 • 8min
Top Gun Maverick – Right Into The Copyright Lawsuit Zone
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright dispute, in which the heirs of the author who inspired the movie “Top Gun” claim that the film’s sequel infringes on their copyright to the story.
Watch this episode on the Weintraub YouTube channel, here.

Jun 17, 2022 • 11min
What The Settlement of Ratajkowski/Paparazzi Copyright Lawsuit Means For Fair Use
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the copyright infringement dispute between a paparazzo and Emily Ratajkowski, and discuss the settlement’s implications for Fair Use.
Watch this episode on the Weintraub YouTube channel, here.

Jun 10, 2022 • 7min
Judge Throws a Flag on the Play in USFL IP Litigation
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the dispute between the original USFL and Fox, over the network’s attempt to revive the football league.
Watch this episode on the Weintraub YouTube channel, here.

Jun 2, 2022 • 5min
The Supreme Court Grants Certiorari in Copyright Infringement Action Involving Warhol, Prince, and Goldsmith
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a photographer’s copyright infringement action against 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.

May 27, 2022 • 7min
Senator Hawley Targets Disney with So-Called Copyright Reform Bill
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss Senator Josh Hawley’s proposed copyright bill and its implications for the Walt Disney Company.
Watch this episode on the Weintraub YouTube channel, here.

May 20, 2022 • 14min
An Idea Doesn’t Have to be Novel to be Stolen (In California)
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss idea theft claims in California and whether the issue of novelty can be an element of the case.
Watch this episode on the Weintraub YouTube channel, here.

May 13, 2022 • 16min
Jerry West Thinks His Portrayal in HBO’s “Winning Time” is a Loser
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a dispute between Jerry West and HBO over his portrayal in the Lakers docudrama “Winning Time.”
Watch this episode on the Weintraub YouTube channel, here.