

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 23, 2021 • 8min
Could a Trademark Search Have Saved ‘The Cleveland Indians’ Botched Rebrand?
In this week’s episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Cleveland Indian’s attempt to rebrand as the Cleveland Guardians, and the complications that arose surrounding the new trademark.
Watch the episode on the Weintraub YouTube channel, here.

Sep 17, 2021 • 7min
San Diego Gulls’ Wings Clipped in Dispute Over Logo Copyright
In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss an intellectual property dispute between the San Diego Gulls Hockey Club and ECHL, Inc.
Watch the full episode on the Weintraub YouTube channel, here.

Sep 9, 2021 • 17min
Could Netflix Be Liable in “When They See Us” Defamation Case?
In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a defamation lawsuit filed by a former Manhattan prosecutor against Netflix over her portrayal in the “When They See Us” series.
Watch the full episode on the Weintraub YouTube channel, here.

Sep 2, 2021 • 9min
Prince Estate Wants Winery’s ‘Purple Rain’ Trademark Back in the Bottle
In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a legal dispute between the Prince estate and an Ohio-based winery over the rights to the trademark “Purple Rain.”
Watch the video episode on the Weintraub YouTube channel, here.

Aug 26, 2021 • 7min
Dealmaking Pitfalls in NCAA’s New NIL Policy
In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the NCAA’s recent policy change which allows college athletes to monetize their NIL, as well as potential downsides to the new policy.
Watch the full episode on the Weintraub YouTube channel, here.

Aug 20, 2021 • 8min
NCAA Erects Challenge to ‘Vasectomy Mayhem’ Trademark
In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the NCAA’s decision to petition a trademark held by a urology office due to its alleged likeness to its own trademarks, ‘March Mayhem’ and ‘March Madness.’
Watch the video version of this episode on Weintraub’s YouTube channel, here.

Aug 12, 2021 • 10min
Tattoos, Videogames, and Lawsuits: Who Owns the Copyright on Athletic Ink?
In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss lawsuits over identifiable tattoos on professional athletes featured in video games, and who owns the copyright to body art.
Watch the video version of this episode on the Weintraub YouTube channel here.
Cases discussed:
Solid Oak Sketches, LLC v. 2K Games, Inc.
Alexander v. Take-Two Interactive Software, Inc.
Bill Graham Archives v. Dorling Kindersley, Ltd.
Darabont v. AMC Network Entm’t, LLC

Aug 6, 2021 • 5min
Dr. Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part Two, Trademark)
In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Ninth Circuit ruling on the trademark aspects of Dr. Seuss “mashups.”
Watch the video version of this episode on the Weintraub YouTube channel here.
Listen to part one of this topic here.
Watch the video version of part one here.
Cases discussed:
Dr. Seuss Enterprises v. Penguin Books USA
Dr. Seuss Enterprises v. Comic Mix LLC
Mattel Inc. v. MCA Records Inc.
VIP Products LLC v. Jack Daniels Properties Inc.

Aug 5, 2021 • 12min
Dr. Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part One, Copyright)
In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Ninth Circuit ruling on the copyright aspects of Dr. Seuss “Mashups.”
Watch the video of this episode on the Weintraub YouTube channel here.
Listen to part two of this topic here.
Watch part two of this topic here.
Cases discussed:
Dr. Seuss Enterprises v. Penguin Books USA
Dr. Seuss Enterprises v. Comic Mix LLC

Jul 30, 2021 • 9min
Don’t Film So Close to Me: Can Copyrighted Music Keep Vids of Police Encounters Off The Internet?
In this week’s episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss recent news stories reporting that police officers played copyrighted music during filmed encounters, ostensibly to keep the videos from being uploaded to the Internet. Scott and Josh discuss how copyright law, the DMCA, and fair use apply to this tactic.
Watch the video of this episode on the Weintraub YouTube channel, here.
Scott’s article on this topic on the IP Law Blog can be read here.
Case discussed: Lenz v. Universal Music Group


