Episodes
43
Nov. 18, 2021
Embed at Your Own (Copyright) Risk
In this episode of the Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright lawsuit against Buzzfeed over its practice of embedding images from social media pages into their website. Watch this episode on the Weintraub YouTube channel, here.
42
Nov. 12, 2021
Guardians of the Trademark: Cleveland Baseball Team and Cleveland Roller Derby Team Clash Over IP
In this episode of the Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss the latest developments in the trademark dispute between the Cleveland Guardians Baseball Company – formally the Cleveland Indians – and the Cleveland Roller Derby. You can watch this episode on the Weintraub YouTube channel, here.
41
Nov. 5, 2021
This Could Change Paparazzi Mood Forever – Update on the Ratajkowski / Paparazzi Copyright Lawsuit
In this episode of the Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on a copyright lawsuit against model Emily Ratajkowski, for sharing images taken of her by paparazzi on her social media accounts. Watch this episode on the Weintraub YouTube channel, here.
40
Oct. 29, 2021
A Spooky Copyright Decision for Producers of Friday the 13th Franchise
As Scott Hervey mentioned on the IP Law Blog, a much-anticipated copyright reversion case involving the slasher franchise, Friday the 13th was decided. In this episode of the Briefing by the IP Law Blog, Scott and Josh Escovedo dive deeper into the lawsuit. Watch this episode on the Weintraub YouTube channel, here. Read more about the case on the IP Law Blog, here.
39
Oct. 22, 2021
Don’t Scream: Copyright Infringement Case Finds for “Scary Terry” Rozier
In this episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright dispute between professional basketball player Terry Rozier III and holiday product manufacturer, Easter Unlimited, over his use of the iconic ghost mask from the horror film, “Scream.” Watch this episode on the Weintraub YouTube channel, here.
38
Oct. 15, 2021
Court Melts Ice Cube’s Trademark Lawsuit against Robinhood + Update
This week on the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a dispute between rapper Ice Cube and Robinhood over the trading app’s use of Ice Cube’s image in a newsletter. Watch this episode on the Weintraub YouTube channel, here.
37
Oct. 7, 2021
Naming Rights for LA Clippers Dome: FinTech Steps Intuit
This week on the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the naming rights agreement between the Los Angeles Clippers and Intuit whereby the Clippers agreed to name their new $1.8 billion arena in Inglewood, California, the Intuit Dome. Watch this episode on the Weintraub YouTube channel, here.
36
Sept. 30, 2021
Keeping an Eye on Warby Parker Adwords Trademark Infringement Lawsuit
This week on The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark infringement lawsuit filed by 1-800 Contacts that accuses Warby Parker of buying search-engine keywords for “1-800 Contacts” to misdirect customers to its competing online store. Watch this episode on the Weintraub YouTube channel, here.
35
Sept. 23, 2021
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.
34
Sept. 17, 2021
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.
33
Sept. 9, 2021
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.
32
Sept. 2, 2021
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.
31
Aug. 26, 2021
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.
30
Aug. 20, 2021
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.
29
Aug. 12, 2021
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
28
Aug. 6, 2021
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 P...
27
Aug. 5, 2021
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
26
July 30, 2021
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...
25
July 29, 2021
Bonus Olympic Episode: IOC Gets Gold in Trademark Enforcement
In this bonus episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the stringent trademark enforcement protection for Olympic symbols, words, and phrases as well as recent lawsuits that have reinforced that protection. Watch the video version of this episode on Weintraub’s YouTube channel, here. Lawsuits discussed: San Francisco Arts & Athletics, Inc. v United States Olympic Committee USOPC v Puma
24
July 22, 2021
Space Erotica Flick Not Infringed by Black Mirror
This week on the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the copyright lawsuit over a Black Mirror episode starring Miley Cyrus, the plot of which filmmaker Geoffrey Blair Hajim said was lifted from his film Strange Frame: Love and Sax. Watch the episode on the Weintraub YouTube channel, here.
23
July 13, 2021
Nike Threatens Fire & Brimstone Over Satanic Custom Shoe Makers
In this week’s episode of The Briefing by The IP Law Blog, attorneys Scott Hervey and Josh Escovedo discuss the trademark litigation between Nike and a custom shoe maker, MSCHF (pronounced “Mischief”). In Nike Inc. v MSCHF Product Studio, Inc. Nike sued MSCHF over unauthorized versions of the Nike Air Max 97 featuring satanic imagery. The shoes were tied into marketing by Rapper Lil Nas X, and all 666 pairs created by MSCHF were sold. View the video recording of this episode on the Weintraub To...
22
July 9, 2021
Andy Warhol’s Prince Prints: Not Fair Use!? (Part Two)
In this week’s episode, attorneys Josh Escovedo and Scott Hervey discuss an update to the litigation over Andy Warhol’s series of portraits of the artist Prince (Andy Warhol Foundation v Goldsmith). They provide a recap of last week’s episode, which covers the Second Circuit decision in favor of Goldsmith, the photographer whose image Warhol used to create the Prince Portraits, and the holding that Warhol’s renditions were not transformative enough to be fair use. That decision overturned a lowe...
21
June 29, 2021
Andy Warhol’s Prince Prints: Not Fair Use!? (Part One)
In this week’s episode, attorneys Josh Escovedo and Scott Hervey discuss the litigation over Andy Warhol’s series of portraits of the artist Prince (Andy Warhol Foundation v Goldsmith). Their discussion covers the Second Circuit decision in favor of Goldsmith, the photographer whose image Warhol used to create the Prince Portraits, and the holding that Warhol’s renditions were not transformative enough to be fair use. The decision overturned a lower court decision in favor of the Warhol Foundati...
20
June 24, 2021
What’s In a Name: Clearing Titles for Film and Television
In this week’s episode, attorneys Scott Hervey and Josh Escovedo discuss the process of clearing titles for Film and Television shows. They discuss recent high-stakes litigation around entertainment titles, including Stouffer v. National Geographic Partners LLC, Jon Astor-White v. Daniel Strong (Empire), and the “Honey Badger” case. Watch this episode on YouTube here. Watch a previous episode of The Briefing by the IP Law Blog discussing the Empire litigation, here. Read an article Scott wrot...