Episodes

78
July 22, 2022

What Makes a Character Protectable Under Copyright

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright dispute between Carroll Shelby Licensing and the widow of the late filmmaker H. B. Halicki regarding copyright protection granted to Eleanor, a car featured in the 1974 film “Gone in 60 Seconds.” Watch this episode on the Weintraub YouTube channel, here.
77
July 15, 2022

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.
76
July 8, 2022

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.
75
July 1, 2022

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.
74
June 24, 2022

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.
73
June 17, 2022

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.
72
June 10, 2022

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.
71
June 2, 2022

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.
70
May 27, 2022

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.
69
May 20, 2022

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.
68
May 13, 2022

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.
67
May 6, 2022

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.
66
April 29, 2022

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.
65
April 22, 2022

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.
64
April 15, 2022

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.
63
April 7, 2022

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.
62
March 31, 2022

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.
61
March 25, 2022

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.
60
March 17, 2022

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.
59
March 10, 2022

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.
58
March 3, 2022

Nike Tries to Stomp Out StockX’s Attempt to Sell NFTs of Nike Sneakers

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss Nike’s attempt to stop StockX from selling NFT’s of Nike sneakers. Watch this episode on the Weintraub YouTube channel, here.
57
Feb. 24, 2022

If a Photograph is Infringed But No One Sees it, is it Still Infringement?

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a photographer’s copyright infringement lawsuit against a travel website that stored his image on a webpage where it’s unlikely to be viewed by the public. Watch this episode on the Weintraub Youtube channel, here.
56
Feb. 17, 2022

More NFT Confusion: Art Collector Files Lawsuit to Establish Right to Turn Painting into NFT

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss an art collector’s attempt to turn a painting that was purchased into a series of NFTs, and the artist’s estate’s effort to stop it. Watch this episode on the Weintraub YouTube channel, here.
55
Feb. 10, 2022

Sponsored Post Lands Beauty Influencer in Trademark Infringement Lawsuit

In this episode of The Briefing from by IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark infringement lawsuit that was filed against a beauty influencer for a sponsored post she shared on social media. Watch this episode on the Weintraub YouTube channel, here.