The Briefing by Weintraub Tobin

Weintraub Tobin
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Dec 8, 2023 • 6min

Netflix to Pay $2.5M to GoTV for Patent Infringement

Netflix ordered to pay $2.5M to GoTV for patent infringement. Details of the GoTV streaming versus Netflix case, jury finds Netflix guilty and awards $2.5M in damages. Potential actions for Netflix include appealing the verdict and seeking a global licensing deal.
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Dec 1, 2023 • 13min

Once Upon A Time – SCOTUS Rejects Trademark Infringement Claim Against Quentin Tarantino Film

Quentin Tarantino discusses the Supreme Court's rejection of a trademark infringement claim against his film 'Once Upon a Time... in Hollywood'. The podcast explores false endorsement claims by celebrities and the specific language in the Lanham Act. It also touches on past celebrity false endorsement claims and the balance between First Amendment interests and Lanham Act interests in commercial motion pictures.
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Nov 22, 2023 • 6min

Are LEGO Creations Based on Religious Texts Eligible for Copyright Protection?

The podcast discusses a recent copyright dispute over a LEGO Brick interpretation of the Second Holy Temple. The creators of JBrick accuse another LEGO creator of copyright infringement. The court evaluates whether the plaintiffs' creation qualifies for copyright protection despite being inspired by religious texts. The episode explores the motion for summary judgment on copyright validity and the concept of originality in LEGO creations.
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Nov 17, 2023 • 4min

SCOTUS to Determine if USPTO Refusal to Register TRUMP TOO SMALL is Unconstitutional

Legal experts Scott Hervey and Eric Caligiuri discuss the recent Supreme Court case of Vidal v. Elster, which examines whether the USPTO's refusal to register the trademark 'Trump Too Small' violates First Amendment rights. They explore the potential impact on political speech and analyze previous Supreme Court cases on trademarks and political speech.
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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.
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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.
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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.
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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.
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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.
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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.

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