Episodes

19
June 9, 2021

Defamation Lawsuit Against Netflix Dropped + New York Protects Dead Celebrities

Scott Hervey and Josh Escovedo discuss two topics in this episode of The Briefing. First, they talk about GEO Group's defamation lawsuit against Netflix over the show "Messiah," just dropped. Then, at 8:20, they move onto New York's new Right of Publicity law.
18
March 9, 2021

SPIN Trademark Has Peloton Wrapped Around the Axel

In this episode of The Briefing by the IP Law Blog, Peloton petitions to establish that SPIN and SPINNING are generic terms and can’t be trademarked. Josh and Scott discuss Peloton bringing a case against Mad Dogg’s trademarks and how they are now generic. Watch this episode on YouTube, here. Read Scott Hervey’s article about the topic on the IP Law Blog.
17
March 5, 2021

“Inspired By” Characters – Defamation Lawsuit As a Spinoff Part II

In this second of two episodes on this topic, Weintraub Tobin attorneys Scott Hervey and Josh Escovedo discuss defamation lawsuits in movies and TV that deal with “Inspired by” characters. Watch this episode on Weintraub’s YouTube channel, here. Listen to part one of this series here. Read Scott Hervey’s blog post about this topic on the IP Law Blog.
16
March 5, 2021

“Inspired By” Characters – Defamation Lawsuit As a Spinoff Part I

This episode is part one of a two-part series of The Briefing by the IP Law Blog in which Weintraub Tobin attorneys Scott Hervey and Josh Escovedo discuss defamation lawsuits in movies and TV that deal with “Inspired by” characters. Watch this episode on Weintraub’s YouTube channel, here. Listen to part two of the series here. Watch part two of the series here. Read Scott Hervey’s blog post about this topic on the IP Law Blog.
15
March 4, 2021

Celebrities Sued for Posting Images of Themselves

In this episode of The Briefing by the IP Law Blog, Scott and Josh discuss the possible legal issues celebrities face when they post images of themselves that they did not take. Watch this episode on Weintraub’s YouTube channel, here. Read Scott Hervey’s article about this topic on the IP Law Blog.
14
March 4, 2021

Hard Cider Maker Can’t Whine About Trademark Opposition

In this episode of The Briefing by the IP Law Blog, Weintraub Tobin IP attorneys Scott Hervey and Josh Escovedo discuss a recent decision by the Trademark Trial and Appeal Board involving winemaker Delicato Vineyards and a hard cider maker from Virginia. Delicato Vineyards, which owns the trademark GNARLEY HEAD for wine, opposed the registration of GNARLED ORCHARD for hard cider. Watch this episode on the Weintraub YouTube channel, here.
13
March 4, 2021

The Ninth Circuit Affirms That Comic-Con isn’t Generic

In this episode of The Briefing by the IP Law Blog, intellectual property attorney Scott Hervey talks with co-host Josh Escovedo about Josh’s article “The Ninth Circuit Affirms Ruling that COMIC-CON isn’t Generic for Comic Conventions.” Watch this episode on Weintraub’s YouTube channel, here. Read Josh’s article on the IP Law Blog.
12
March 4, 2021

9th Circuit Provides Clear Copyright Guidance for Producers of Bio Pics

In this episode of The Briefing by the IP Law Blog, Weintraub Tobin attorneys Scott Hervey and Josh Escovedo discuss copyright litigation around the “Jersey Boys” — a musical and movie about The Four Seasons– involving an unpublished biography by one of the band members. Watch this episode on Weintraub’s YouTube channel, here.
11
March 4, 2021

Navigating the Hazy Intersection of Cannabis Law & Trademarks

On this episode of The Briefing by the IP Law Blog, Weintraub Tobin IP attorneys Scott Hervey and Josh Escovedo discuss Josh’s article “Navigating the Hazy Intersection of Federal and State Law on Cannabis and Advising Clients on Protecting Their Trademarks.” Watch this episode on Weintraub’s YouTube channel, here. Read the full article on The IP Law Blog, here.
10
March 4, 2021

The Essential Purpose of the Short Form Copyright Assignment

In this episode of The Briefing by the IP Law Blog, Weintraub attorneys Scott Hervey and Josh Escovedo discuss Scott’s article covering the merits of filing a Short Form Copyright Assignment. Watch the video of this episode on the Weintraub YouTube channel, here. Read the full article on the IP Law Blog, here. ​
9
March 4, 2021

Copyright Infringement: BuzzFeed just got Buzz Worthy

In this episode of The Briefing by the IP Law Blog, Weintraub Tobin IP attorneys Scott Hervey and Josh Escovedo discuss Scott’s article on a copyright dispute between a photographer and Buzzfeed. Watch the episode on Weintraub’s YouTube channel, here. Read the full article on the IP Law Blog, here: “Second Circuit Frames Novel Issue of Photographer’s Claim of Copyright Infringement and DMCA Violation”
7
March 1, 2021

Empire Copyright Litigation

In this episode of The Briefing by the IP Law Blog, Weintraub attorneys Scott Hervey and Josh Escovedo discuss the copyright dispute over the TV show “Empire” Watch this episode on the Weintraub YouTube channel, here. Case discussed: Jon Astor-White v. Daniel Strong.
7
March 1, 2021

COVID 19 Bill Stimulates the Economy and Changes in the Intellectual Property Law

In this episode of The Briefing by the IP Law Blog, co-hosts Scott Hervey and Josh Escovedo discuss the changes in intellectual property law stemming from the recently passed COVID-19 stimulus bill. Watch the episode on the Weintraub YouTube channel, here. Read a related article by Weintraub attorney Jessica Corpuz on the IP Law Blog.
6
March 1, 2021

Twitch Under Fire From the Music Industry

In this episode of The Briefing by the IP Law Blog, Weintraub Tobin IP attorneys Scott Hervey and Josh Escovedo discuss the streaming platform Twitch, which has found itself in the middle of a conflict regarding the use of music by live streamers on the platform. Watch this episode on the Weintraub YouTube channel, here.
5
Feb. 26, 2021

Federal Court Finds UGG is not Generic for Famous UGG Boots

In this episode of The Briefing by the IP Law Blog, Weintraub IP attorneys Scott Hervey and Josh Escovedo discuss a case involving the Australian boot company UGG. Watch this episode on the Weintraub YouTube channel, here.
4
Feb. 26, 2021

Sushi Restaurants Battle for Control over Hand Roll Trademark

Sushi Nozawa LLC, owner of the popular sushi destination Sugarfish, is challenging the HRB Experience LLC over use of the term “Hand Roll Bar.” In this episode of The Briefing by the IP Law Blog, attorneys Scott Hervey and Josh Escovedo discuss the lawsuit, including descriptive versus generic terms, secondary meaning, and the potential strategies of the parties. Watch this episode on the Weintraub YouTube channel, here.
3
Feb. 26, 2021

Trademark Infringement – Tiffany & Co. Versus Costco

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss Tiffany & Co’s lawsuit against Costco for selling Tiffany-like rings and using the word Tiffany on nearby signage, claiming trademark infringement and unfair business practices. Watch the episode on Weintraub’s YouTube channel, here.
2
Feb. 11, 2021

Dogs, Whiskey, and Intellectual Property: Need I Say More?

In this episode of The Briefing by the IP Law Blog, Weintraub attorneys Scott Hervey and Josh Escovedo discuss Josh’s article for the IP Law Blog, “Dogs, Whiskey, and Intellectual Property: Need I Say More?” Jack Daniel’s Properties, Inc. has petitioned the Supreme Court of the United States for certiorari following an unfavorable ruling from the Ninth Circuit in the matter of VIP Products LLC v. Jack Daniel’s Properties, Inc. In that case, VIP Products sued Jack Daniel’s after receiving a cease...
1
Feb. 11, 2021

Let Russ Cook: An NFL-Sized Introduction to ITU Applications

In this episode of The Briefing by the IP Law Blog, Josh and Scott discuss NFL athlete Russell Wilson and ITU applications.