
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

Nov 9, 2023 • 15min
AI Training and Copyright Infringement: Lessons from the Ross Intelligence Case
Thomson Reuters sued Ross Intelligence for copyright infringement based on its use of Westlaw content to train AI technology. The court ruling provides guidance for future cases and the application of a fair use defense. The podcast discusses the copyright infringement analysis, fair use defense factors, and the significance of transformativeness in fair use cases. It also explores the concept of intermediate copying in copyright infringement and its impact on AI training. The impact of transformativeness on copyright infringement cases and the potential implications for AI training are also discussed.

Nov 3, 2023 • 15min
Tattoos, Tiger King, and Copyright Lawsuits – Oh My – Cramer v. Netflix
Tara Sattler, legal expert, discusses the tattoo copyright lawsuit against Netflix. They explore the fair use and transformative nature of the tattoo image used in Tiger King. The podcast delves into the purposes and intentions behind the plaintiff's tattoo design, as well as the impact of licensed images on the market for copyrighted works.

Oct 27, 2023 • 10min
Is Linda Fairstein’s Portrayal in Netflix’s “When They See Us” Fair?
Former New York prosecutor Linda Fairstein's defamation case against Netflix over her portrayal in the limited series 'When They See Us' is discussed. The recent court ruling denying Netflix's motion for summary judgment and the potential impacts on film and television programming based on real events are explored.

Oct 20, 2023 • 7min
When Parmesan isn’t Parmesan – Cheese Consortium Attempts to Fight Off Counterfeit Cheese
Scott Hervey and Jamie Lincenberg discuss the fight against counterfeit Parmigiano Reggiano cheese. They explore legal battles over the use of 'Parmesan' in trademarks, the consortium's challenge in Australia, and the use of technology like microchips in cheese wheel labels to combat counterfeiting.

Oct 13, 2023 • 9min
Unmasking Luxury Knockoffs: Amazon Sues Influencers for Promoting Counterfeit Goods
Amazon is suing social media influencers for promoting and selling counterfeit luxury goods on their platform. The lawsuits allege that the influencers collaborated with retailers to deceive Amazon's counterfeit detection systems. The podcast explores the legal implications of the case, including contributory violations, Amazon's role in policing counterfeit goods, and the need to hold accountable those who promote and sell knockoff items.

Oct 6, 2023 • 10min
The AI Copyright Conundrum Continues – An Update
The podcast discusses the use of AI in generating scripts and the potential copyrightability of AI-created works. It highlights a recent court ruling and lawsuit related to AI works and copyright protection. The episode explores the role of human creativity in copyright law, the impact of AI on copyright protection, and the challenges surrounding copyright in creative works involving AI.

Sep 29, 2023 • 9min
Judge Finds Lyrics and Themes “Guns, Money, and Jewelry” Too Commonplace for Copyright Protection
An Illinois judge dismissed a copyright infringement claim brought by rapper Gutta against hip-hop artist Future. The court ruled that certain thematic elements in music are not protected by copyright, leading to the dismissal of the case. The discussion explores the challenges faced by artists and producers in music copyright lawsuits.

Sep 22, 2023 • 7min
Court Rejects Dirt.com’s Post-Warhol Fair Use Defense in Photographer’s Copyright Lawsuit
Photographer sues real estate media site for copyright infringement after photos were published without permission. Podcast explores recent copyright infringement case post the Supreme Court's decision in Warhol. Discusses fair use defense, court case arguments, and implications on use of third-party photos or video clips.

Sep 15, 2023 • 8min
Failure to Disclose Relationship with Real Party in Interest Results in Serious Sanctions
Failure to disclose relationships with a third party can have serious consequences, as discussed in this installment of The Briefing. Eric Caligiuri breaks down the key details of the Ventex versus Columbia Sportswear case, focusing on the impact of failing to disclose critical information on the legal proceeding. The failure to disclose led to sanctions and dismissal of the inter-partes dispute.

Sep 8, 2023 • 5min
How to Avoid Bearing The Risks of A Naked License
Scott Hervey and Eric Caligiuri discuss the trademark dispute in Blue Mountain Holdings v. Bliss Nutraceuticals and the concept of a naked license. They explore the ramifications of a naked license on trademark reputation and distinctiveness, and provide strategies to avoid the risks associated with it in trademark law.