
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

May 6, 2022 • 11min
The Original USFL Throws a Flag at Fox’s Attempted Revival of the United States Football League
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a 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.

Apr 29, 2022 • 6min
The Case of the Stolen Ampersand and the (Non)Protectability of Fonts
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss an intellectual property dispute between a typeface designer and Banana Republic, over the retailer’s use of a stylized ampersand design.
Watch this episode on the Weintraub YouTube channel, here.

Apr 22, 2022 • 5min
SCOTUS Issues First IP Ruling of 2022 in Unicolors, Inc. v. H&M Hennes & Maurits, LP
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Supreme Court’s first intellectual property ruling of 2022.
Watch this episode on the Weintraub YouTube channel, here.

Apr 15, 2022 • 5min
March Madness Marketing Rebounds With a New Twist
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss how marketing practices changed for the March Madness tournament this year, and what that meant for athletes.
Watch this episode on the Weintraub YouTube channel, here.

Apr 7, 2022 • 9min
Supreme Court Petitioned to Overturn 8th Circuit’s Holding on Architectural Plans that Upends “Standard Marketing Practices” in Real Estate Industry
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the 8th Circuit’s opinion on copyright protection for architectural plans that could uphend “standard marketing practices” in Real Estate.
Watch this episode on the Weintraub YouTube channel, here.

Mar 31, 2022 • 12min
Cookie Co’s Motion to Dismiss Trademark Lawsuit by Restaurant Crumbles
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark dispute between a restaurant and a craft cookie maker, over the use of similar marks for cookies.
Watch this episode on the Weintraub YouTube channel, here.

Mar 25, 2022 • 8min
Heirs of Evel Knievel Clearly Do Not Have a Friend in Disney
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedodiscuss a dispute between the heirs of Evel Knievel and Disney, over claims of similarities between the late daredevil and the “Toy Story 4” character Duke Caboom.
Watch this episode on the Weintraub YouTube channel, here.

Mar 17, 2022 • 6min
Hermès Attempts to Bag Digital Creator Selling MetaBirkin NFTs
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a Trademark dispute between luxury retailer Hermès and a digital artist over his creation of Birkin Bag NFTs.
Watch this episode on the Weintraub YouTube channel, here.

Mar 10, 2022 • 11min
Copyright Office Rejects Application for A.I. Created Art Work
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the U.S. Copyright Office’s refusal to register a copyright for a piece of artwork created by Artificial Intelligence.
Watch this episode on the Weintraub YouTube channel, here.

Mar 3, 2022 • 8min
Nike Tries to Stomp Out StockX’s Attempt to Sell NFTs of Nike Sneakers
Nike is trying to prevent StockX from selling NFTs of Nike sneakers, leading to a legal battle. The conflict centers around trademark infringement and brand leverage. The podcast explores Nike's motives and StockX's legal defenses. They discuss the first sale doctrine and the nature of images in the case.